Turner (William) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA
WILLIAM B. TURNER, No. 84207
Appellant,
vs.
THE STATE OF NEVADA; THE STATE
OF NEVADA DEPARTMENT OF
FILED
CORRECTIONS; AND WARDEN FEB 2 5 2022
WILLIAM HUTCHINGS,
ELIZABETH Æ BROWN
Respondents. CLERK OF SpPREME COURT
By 6N
DEPUTY CLERK
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court order dismissing a
postconviction petition for a writ of habeas corpus. Eighth Judicial District
Court, Clark County; Erika D. Ballou, Judge.
This court's review of this appeal reveals a jurisdictional defect.
Specifically, the district court entered its order dismissing appellant's
petition on December 19, 2021. The district court served notice of entry of
that order on appellant on December 20, 2021. However, appellant did not
file the notice of appeal until February 3, 2022, well after the expiration of
the 30-day appeal period prescribed by NRS 34.575. See NRAP 4(b);
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.
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Hardesty
Al4C4--0 , J.
Stiglich Herndon
SUPREME COURT
OF
NEVADA
(0) I.447A
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cc: Hon. Erika D. Ballou, District Judge
William B. Turner
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk
SUPREME COURT
Of
NEVADA 2
(01 I)47A ADM
S3•7711