ORDER DISMISSING APPEAL
This is a pro se appeal from an order denying a motion for modification of sentence. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.
The district court entered the order denying appellants motion on October 4, 2023. Appellants notice of appeal was therefore due by November 3, 2023. See NRAP 4(b); Edwards v. State, 112 Nev. 704, 918 P.2d 321 (1996). Appellants notice of appeal, however, was not filed in the district court until November 7, 2023, 4 days after the 30-day time period set by NRAP 4(b). Because it appeared that the notice of appeal was untimely filed, this court directed the attorney general, on behalf of respondent, to investigate and provide 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); Kellogg v. Journal Commcns, 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).
The attorney general has responded and provides this court with a copy of the applicable notice of appeal log from August through December 2023, and a declaration from the law librarian who maintains the notice of appeal log at the prison where appellant is incarcerated. These documents evidence that there are no entries for appellant in the prison notice of appeal log that would support a finding that the notice of appeal was timely delivered to a prison official or timely mailed from the prison. See NRAP 4(d) (providing that when the institution has a notice-of-appeal log or another system designed for legal mail, the inmate must use that log or system to receive the benefit of the rule).
“[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). Appellant has not demonstrated that he timely filed his notice of appeal. The November 7, 2023, filing date controls. This court lacks jurisdiction and therefore we
ORDER this appeal DISMISSED.
Herndon, J.
Lee, J.
Bell, J.