Perkins (Marvin) v. Cox, Director ( 2015 )

 is served by mail, three (3) days shall be added to the prescribed period.").
Appellant's notice of appeal, however, was not filed in the district court
until March 31, 2015, eight days beyond the relevant appeal period. "[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).
Under this court's holding in Kellogg v. Journal
Communications, if appellant delivered his notice of appeal to a prison
official for mailing on or before March 23, 2015, his notice of appeal would
be deemed timely filed. 108 Nev. 474, 477, 835 P.2d 12, 13 (1992) (holding
that a notice of appeal is deemed "filed" when it is delivered to a prison
official). Likewise, NRAP 4(d) provides that a notice of appeal "is timely if
it is delivered to a prison official for mailing on or before the last day for
filing." NRAP 4(d) further provides that when the prison has a notice of
appeal log or another system designed for legal mail, the prisoner must
use the logs to receive the benefit of this rule. Because appellant signed
his notice of appeal on March 23, 2015, this court directed the attorney
general to obtain and transmit a copy of the notice of appeal log. If
appellant did not use the notice of appeal log, the attorney general was to
inform this court whether appellant used any other logs.
On June 3, 2015, the attorney general submitted a timely
response. The attorney general indicates that the prison maintains both a
notice of appeal log and a legal mail log. It appears that appellant did not
use the notice of appeal log, but did use the legal mail log on March 24,
2015, one day after the date appellant's notice of appeal was due. This
court's decision in Kellogg contemplates that the date of delivery of the
notice of appeal to a prison official will be determined by the date recorded
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in the prison mail log. Id. at 476-77, 835 P.2d at 13. Because appellant's
notice of appeal was untimely delivered to prison officials, we
ORDER this appeal DISMISSED.
Saitta
Gibboris Pickering
cc: Hon. Kathleen E. Delaney, District Judge
Marvin D. Perkins
Attorney General/Las Vegas
Eighth District Court Clerk
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(0) 1947A 44e47/