IN THE SUPREME COURT OF THE STATE OF NEVADA
COREY J. STRZYZEWSKI, No. 64318
Appellant,
vs.
GABRIEL BYRNES, OFFENDER
MANAGEMENT ADMINISTRATOR;
FILED
DR. ROBERT BANNISTER; SHANNON MAY 2 7 2014
MOYLE; RON SCHRECKENGOST; TRACE K. LINDEMAN
CLERUF SUPREME COURT
AND LISA WALSH,
BY Ste__
Resoondents. DEPUTY CLER
ORDER DISMISSING APPEAL
This is a proper person appeal from a district court order
denying a petition for a writ of mandamus and dismissing a civil rights
complaint. First Judicial District Court, Carson City; James E. Wilson,
Judge.
Notice of entry of the August 22, 2013, district court order
challenged in this appeal was served on appellant by United States mail
on August 29, 2013. Because service of the notice of entry was by mail,
appellant had 33 days from the date of service to file his notice of appeal in
the district court. See NRAP 4(a)(1); NRAP 26(c). Appellant's notice of
appeal was therefore due to be filed in that court on or before October 1,
2013. Appellant, however, did not file his notice of appeal in the district
court until October 28, 2013, beyond the 33-day period for filing that
document. Since appellant's notice of appeal was untimely filed, we lack
jurisdiction to consider this appeal. See Healy v. Volkswagenwerk
Aktiengesellschaft, 103 Nev. 329, 331, 741 P.2d 432, 433 (1987) (noting
that an untimely notice of appeal fails to vest jurisdiction in this court).
Accordingly, we dismiss this appeal for lack of jurisdiction. And in light of
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our dismissal of this appeal, we deny as moot all motions and other
requests for relief currently pending in this appeal. Thus, the clerk of this
court is directed to return, unfiled, the civil proper person appeal
statement that was provisionally received in this court on February 12,
2014.
It is so ORDERED.
Pideutur
Pickering
coo ,
J.
Parraguirre
Saitta
cc: Hon. James E. Wilson, District Judge
Corey J. Strzyzewski
Attorney General/Carson City
Carson City Clerk
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