Cornish v. Galetka

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Edward Lane Cornish,

Petitioner and Appellant,

v.

Hank Galetka, Warden, Utah State Prison; Board of Pardons;
Mike Sibbett, Chairman; Board Members, both past and present;
Salt Lake County; and the State of Utah,
Respondents and Appellees.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010429-CA

F I L E D
January 17, 2002 2002 UT App 11 -----

Third District, Salt Lake Department
The Honorable Tyrone E. Medley

Attorneys:
Edward Lane Cornish, Panguitch, Appellant Pro Se
Mark L. Shurtleff and Sharel S. Reber, Salt Lake City, for Appellees

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Before Judges Billings, Davis, and Greenwood.

PER CURIAM:

This matter is before the court on a sua sponte motion to dismiss for lack of jurisdiction. See Utah R. App. P. 10(e). Appellant Cornish did not file a response to the motion.

Cornish seeks to appeal the trial court's March 20, 2001 signed minute order. However, he did not file a notice of appeal until May 14, 2001, more than thirty days after entry of the signed minute order. See Utah R. App. P. 4(a). On the same day he filed his notice of appeal, Cornish also filed a motion in the trial court for an extension of time to file an appeal. See Utah R. App. P. 4(e).

By the time Cornish filed his docketing statement in this court, the trial court had not yet ruled on the motion for extension of time to file an appeal. Therefore, this court remanded the case to the trial court for a ruling on the pending motion for an extension of time in which to appeal. On October 18, 2001, the trial court denied the motion for extension of time to file an appeal. Consequently, this court must dismiss the appeal for lack of jurisdiction due to the untimely notice of appeal. See State v. Johnson, 635 P.2d 36, 37 (Utah 1981) (holding 30-day period for filing a notice of appeal is jurisdictional).
 
 

______________________________
Judith M. Billings,
Associate Presiding Judge
 
 

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James Z. Davis, Judge
 
 

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Pamela T. Greenwood, Judge