Opinion
86286-COA
09-18-2023
ANGELO FERGUSON, A/K/A ANGELO FERGUSEN, Appellant, v. THE STATE OF NEVADA, Respondent.
UNPUBLISHED OPINION
ORDER OF AFFIRMANCE
GIBBONS C.J.
Angelo Ferguson appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on December 14, 2022. Eighth Judicial District Court, Clark County; Jennifer Sclawartz, Judge.
Ferguson filed his petition more than seven years after issuance of the remittitur on direct appeal on May 13, 2015. See Fergusen v. State, Not 64665-COA, 2015 WL 1876847 (Nev. Ct. App. Apr. 15, 2015) (Order of Affirmance). Thus, Ferguson's petition was untimely filed. See NRS 34.726(1). Ferguson's petition was procedurally barred absent a demonstration of good cause-cause for the delay and undue prejudice. See id. Ferguson's petition is largely incomprehensible, and Ferguson does not appear to have alleged good cause for the delay. Therefore, we conclude the district court did not err by denying Ferguson's petition as procedurally barred. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
In light of this order, we deny as moot Ferguson's motion for "transportation of offender to appear before court" filed with this court on July 10, 2023.
Bulla J., Westbrook J.
Hon. Jennifer Schwartz, District Judge.