484 P3D 949 - Ofeldt (James) Vs. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

JAMES DAVID OFELDT, No. 82677
Appellant,
vs.
THE STATE OF NEVADA,
Respondent.

FILED
APR 0 8 2021
ELIZABECH A. BROWN
CLERK Or SUPREME COURT
BY S
DEPUTV CLERK

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying 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 November 4, 2020. The district court served notice of entry of that order
on appellant on the same date. Appellant did not file the notice of appeal,
however, until March 23, 2021, well after the expiration of the 30-day
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). To the extent that appellant's appeal is in regard
                       to the order denying a motion for proper procedure, no statute or court rule

SUPREME COURT
                       permits an appeal from such an order. Phelps v. State,

111 Nev. 1021

, 1022—
        OF
     NEVADA


(01 1941A    44kArc,
                    23,

900 P.2d 344, 344-45

 (1995); Castillo u. State,

106 Nev. 349, 352

792 P.2d 1133, 1135

 (1990). Accordingly, this court lacks jurisdiction to consider
                    this appeal, and
                                ORDERS this appeal DISMISSED.




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                    cc:   Chief Judge, Second Judicial District Court
                          Second Judicial District Court, Department 10
                          James David Ofeldt
                          Attorney General/Carson City
                          Washoe County District Attorney
                          Washoe District Court Clerk




SUPREME COURT
       OF
     NEVADA

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