Abbott (David) v. State ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
DAVID ROY ABBOTT, No. 84872 AR
Appellant, i LL. ie i
vs.
THE STATE OF NEVADA, AUG 08 202
Respondent. CLERICDE SUPREME FOURT
4 OY —EPUTY Sea“
DAVID ROY ABBOTT, ” No. 84873
Appellant,
vs.
THE STATE OF NEVADA,
Respondent.
ORDER DISMISSING APPEALS
These are pro se appeals from district court orders dismissing
appellant’s postconviction petitions for writs of habeas corpus. Second
Judicial District Court, Washoe County; Kathleen M. Drakulich, Judge.
Preliminary review of these appeals revealed a potential
jurisdictional defect. The district court entered the orders dismissing
appellant’s petitions on April 19, 2022, and the clerk of the district court
served notices of entry of orders on April 20, 2022. Appellant’s notices of
appeal were therefore due by May 23, 2022. See NRS 34.575. Appeliant’s
notices of appeal, however, were not filed in the district court until June 10,
2022, well beyond the relevant appeal period. Appellant dated his notices
of appeal May 18, 2022.
Pursuant to NRAP 4(d), if appellant delivered his notices of
appeal to a prison official for mailing on or before May 23, 2022, and utilized
the notice of appeal log or other system designed for legal mail, his notices
of appeal would be deemed timely filed. Because this court could not
Supreme Gourt
OF
NEvaDA
(0) 19978 110 Nev. 349, 352, 871 P.2d 944, 946 (1994).
Appellant has not demonstrated that he timely submitted his notices of
appeal. This court lacks jurisdiction and therefore
ORDERS these appeals DISMISSED.
Silver
Cadish Pickering
i ek re eG ee
@ See Se Pie ed ae
cc: Hon. Kathleen M. Drakulich, District Judge
David Roy Abbott
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
Supreme Court
OF
Nevapa
(0) 19174 EB 3