JOSE FILIBERTO TINOCO GAYTAN JOSE FILIBERTO TINOCOGAYTAN v. JEROMY BEAN ACTING WARDEN AND THE STATE OF NEVADA (2023)

ORDER DISMISSING APPEAL

This is a pro se notice of appeal from a district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Mary Kay Holthus, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on March 3, 2023. The district court served notice of entry of that order on appellant on March 6, 2023. Appellant did not file the notices of appeal, however, until April 25, 2023, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) (explaining that an untimely notice of appeal fails to vest jurisdiction in this court). Accordingly, this court

ORDERS this appeal DISMISSED.

Herndon, J.

Lee, J.

Parraguirre, J.