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Gary E. MCKINLEY, Appellant, v. Megan MCCLELLAN; Robert Legrand, Warden; S.L. Foster; Richard Main; Leanne Rutherford; Starlin Gentry; J. Hilderbrand; Quentin Byrne; S. Baros; Catherine Cortez Masto; and Benjamin Johnson, Respondents.
ORDER DISMISSING APPEAL
This is a pro se appeal from various district court orders. Eleventh Judicial District Court, Pershing County; Jim C. Shirley, Judge.
Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal appears to be untimely filed under NRAP 4(a) because it appears that it was filed more than 30 days after service of written notices of entry of the orders appealed from.1 See NRAP 4(a)(1); NRAP 26(c). Written notices of entry of the orders appealed from were filed and served by mail on December 16 and 21, 2016. Appellant's notice of appeal from these orders was due no later than January 20, 2017, and January 23, 2017. Appellant did not file his notice of appeal until March 9, 2018.
An untimely notice of appeal fails to vest jurisdiction in this court. See Healy v. Volkswagenwerk Aktiengesellschaft, 103 Nev. 329, 741 P.2d 432 (1987). Accordingly, we
ORDER this appeal DISMISSED.
FOOTNOTES
1. It also appears that many of the orders appealed from may not be substantively appealable. See NRAP 3A(b).
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Docket No: No. 75340
Decided: April 06, 2018
Court: Supreme Court of Nevada.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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