Castro (Martin) v. Warden ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
MARTIN CASTRO, No. 85437
vs.
Appellant,
FILED,
TIM GARRETT, WARDEN, OC 17 21W
Respondent.
A. BROWN
UPREIVE COO
CLERK
ORDER DISMISSING APPEAL
This is a pro se notice of appeal from a district court order
dismissing a postconviction petition for a writ of habeas corpus.
This court's review of this appeal reveals a jurisdictional defect.
Specifically, the district court entered its order denying appellant's petition
on August 5, 2022. The district court served notice of entry of that order on
appellant on August 11, 2022. Appellant did not file the notice of appeal,
however, until September 28, 2022, well after the expiration of the 30-day
appeal period prescribed by NRS 34.575. See 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.
, J.
Hardesty
J. J.
Stiglich Herndon
SUPREME COURT
OF
NEVADA
)1 1947A
2_7-32q7-6
cc: Chief Judge, Eighth Judicial District Court
Eighth Judicial District Court, Department 17
Martin Castro
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
N EVA DA
101 l'U7A 2