CAPLES v. STATE (2020)

ORDER DISMISSING APPEAL

This is an appeal from a district court “Order Denying Motion for District Court Order for the Nevada Department of Corrections to Correct Christian Caples PED.” Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge.

No statute or court rule provides for an appeal from the above-mentioned order. Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990) (right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists). To the extent that appellant's appeal is in regard to the order denying a postconviction petition for a writ of habeas corpus entered on January 31, 2019, the notice of appeal was untimely filed. “[A]n untimely notice of appeal fails to vest jurisdiction in this court.” Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Accordingly, this court

ORDERS this appeal DISMISSED.