`
`MARCUS CAMPBELL,
`Appellant,
`
`VS.
`THE STATE OF NEVADA,
`Respondent
`
`•
`
`ORDER DISMISSING APPEAL
`
`No. 78726
`
`FILED
`
`JUL 2 9 2019
`I A. RR0WV
`
`PREME COURT
`
`pu-rt CLERK
`
`This is a pro se appeal from a district court order denying
`
`appellant's motion to correct/modify an illegal sentence. Eighth Judicial
`
`District Court, Clark County; Valerie Adair, Judge.
`
`The district court entered the order challenged in this appeal
`
`on March 21, 2019. Appellant's notice of appeal was due to be filed in the
`
`district court by April 22, 2019. See NRAP 4(b)(1)(A); NRAP 26(a); Edwards
`
`v. State, 112 Nev. 704, 709, 918 P.2d 321, 325 (1996). Appellant's notice of
`
`appeal, however, was not filed in the district court until May 1, 2019.1
`
`Because appellant dated his notice of appeal March 25, 2019,
`
`within the prescribed appeal period, this -court entered an order directing
`
`the attorney general to obtain and transmit to the clerk of this court a
`
`certified copy of the notice of appeal log maintained at the prison indicating
`
`the actual date upon which appellant delivered his notice of appeal to a
`
`prison official. See NRAP 4(d) (a notice of appeal filed by an inmate confined
`
`in an institution is timely "if it is delivered to a prison official for mailing on
`
`'Included with appellant's notice of appeal is a letter from appellant
`dated April 26, 2019, indicating that appellant previously sent out the
`notice of appeal but it was returned by the prison.
`
`SupReme Cowry
`OF
`NeVACIA
`
`(0) 1947A
`
`
`
`
`
`or before the last day for filing."); see also Kellogg v. Journal Cornme'ns, 108
`
`Nev. 474, 477, 835 P.2d 12, 13 (1992). If appellant used any other log
`
`maintained by the prison during the relevant time frame, the attorney
`
`general was to inform this court of that fact and provide a copy of the log.
`
`The attorney general has now filed a response stating that no
`
`entry appears in the notice of appeal log for appellant's notice of appeal and
`
`there are no transactions for postage for appellant during the relevant time
`
`period. Attached to the response is a copy of the notice of appeal log from
`
`the relevant time period—no entries appear for appellant. Also attached to
`
`the response is a copy of appellant's daily transaction summary. The
`
`summary does not indicate that appellant purchased any postage from
`
`March 22, 2019, to June 7, 2019.
`
`Because there is no record that appellant timely delivered his
`
`notice of appeal to a prison official, the May 1, 2019, date controls. See
`
`NRAP 4(d) (an inmate must use the notice of appeal log or other system
`
`designed for legal mail to receive the benefit of the rule). Appellant's notice
`
`of appeal was untimely filed. Accordingly, this court lacks jurisdiction, see
`
`Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) ("[A]n untimely
`
`notice of appeal fails to vest jurisdiction in this court."), and
`
`ORDERS this appeal DISMISSED.
`
`Pickering
`
`aa--126411.77.
`
`Parraguirre
`
`Cadish
`
`J.
`
`SUPREME COURT
`Of
`NEVADA
`
`(0) 1947A 4W
`
`2
`
`
`
`cc: Hon. Valerie Adair, District Judge
`Marcus Campbell
`Attorney General/Carson City
`Attorney General/Las Vegas
`Clark County District Attorney
`Eighth District Court Clerk
`
`SUPREME COURT
`OF
`NEVADA
`
`(0) 1947A 40.
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
