251 P.3d 874 2011 UT App 126

2011 UT App 126

Jacob Mut BOLITH, Petitioner and Appellant, v. STATE of Utah, Respondent and Appellee.

No. 20110218-CA.

Court of Appeals of Utah.

April 21, 2011.

Jacob Mut Bolith, Manti, Appellant Pro Se.

Mark L. Shurtleff and Brett J. Delporto, Salt Lake City, for Appellee.

Before Judges ORME, ROTH, and CHRISTIANSEN.

DECISION

PER CURIAM:

T1 Jacob Mut Bolith seeks to appeal the district court's September 80, 2011 order dismissing his petition for post-conviction relief, This matter is before the court on a sua sponte motion for summary disposition for lack of jurisdiction. We dismiss the appeal.

T2 Rule 4 of the Utah Rules of Appellate Procedure requires that a notice of appeal be filed within thirty days of the entry of the *875final order or judgment appealed. See Utah R.App. P. 4(a). If a notice of appeal is not timely filed, this court lacks jurisdiction to consider the appeal. See Serrato v. Utah Transit Auth., 2000 UT App 299, ¶ 7, 13 P.3d 616. If the court lacks jurisdiction over an appeal, it has only the authority to dismiss the appeal. See Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct.App.1989).

{3 On September 80, 2010, the district court entered a final order dismissing Bol-ith's petition for post-conviction relief On February 15, 2011, Bolith filed a notice of appeal seeking to appeal the September 80, 2010 order dismissing his petition for post-conviction relief. Because the notice of appeal was not timely filed, this court lacks Jurisdiction to consider the appeal. See Serrato, 2000 UT App 299, ¶ 7, 13 P.3d 616. Thus, we are required to dismiss the appeal for lack of jurisdiction. See Varian-Eimac, Inc., 767 P.2d at 570.

1 4 Accordingly, the appeal is dismissed.1

Bolith v. State
251 P.3d 874 2011 UT App 126

Case Details

Name
Bolith v. State
Decision Date
Apr 21, 2011
Citations

251 P.3d 874

2011 UT App 126

Jurisdiction
Utah

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