Connors v. Warden, Southern Desert Correctional Center, 111519 NVSC, 79840

Docket Nº:79840
Party Name:TIMOTHY W. CONNORS, Appellant, v. WARDEN, SOUTHERN DESERT CORRECTIONAL CENTER, JERRY HOWELL; SOUTHERN DESERT CORRECTIONAL CENTER; AND NEVADA DEPARTMENT OF CORRECTIONS, Respondents.
Judge Panel:Pickering, J. Parraguirre, J., Cadish, J. Hon. Valerie Adair, District Judge
Case Date:November 15, 2019
Court:Supreme Court of Nevada
 
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TIMOTHY W. CONNORS, Appellant,

v.

WARDEN, SOUTHERN DESERT CORRECTIONAL CENTER, JERRY HOWELL; SOUTHERN DESERT CORRECTIONAL CENTER; AND NEVADA DEPARTMENT OF CORRECTIONS, Respondents.

No. 79840

Supreme Court of Nevada

November 15, 2019

UNPUBLISHED OPINION

ORDER DISMISSING APPEAL

This is a pro se appeal from the district court order denying a postconviction petition for writ of habeas corpus and request for evidentiary hearing. Eighth Judicial District Court, Clark County; Valerie Adair, Judge.

Our review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on August 1, 2019. The district court served notice of entry of that order on appellant on August 5, 2019. Appellant did not file the notice of appeal, however, until October 2, 2019, well after the expiration of the appeal period prescribed by NRS 34.575. "[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, we conclude that we lack jurisdiction to consider this appeal, and we

ORDER this appeal...

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