Vernell Nelson v. Charles C. Foti, Jr., Sheriff, and Attorney General, State of Louisiana, William J. Guste, Jr.

Acting pro se, petitioner Vernell Nelson appeals the lower court’s denial of relief on his ineffective assistance of counsel claim. Nelson was convicted of armed robbery and sentenced as a second offender to fifty years in the Louisiana penitentiary. We do not reach the merits of his appeal because the notice of appeal was not timely filed and such filing is mandatory to the exercise of our jurisdiction. We are therefore bound to dismiss the appeal for failure to file timely notice.

Adopting a magistrate’s report which denied Nelson habeas relief, but which did not advise the parties that they…