Opinion
No. 59044.
02-08-2012
Larry FORSYTHE a/k/a Scott Alan Bluethman, Appellants, v. The STATE of Nevada, Respondent.
Larry Forsythe a/k/a Scott Alan Bluethman Attorney General/Carson City Clark County District Attorney
Larry Forsythe a/k/a Scott Alan Bluethman
Attorney General/Carson City
Clark County District Attorney
ORDER OF AFFIRMANCE
This is a proper person appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus . Eighth Judicial District Court, Clark County; Michael Villani, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).
Appellant filed his petition in district court case number C247772 on May 3, 2011, more than two years after the filing of his judgment of conviction. Appellant's petition was therefore untimely filed and, accordingly, was procedurally barred absent a demonstration of cause for the delay and undue prejudice. See NRS 34.726(1). Appellant did not attempt to demonstrate good cause to excuse his delay. We therefore conclude that the district court did not err in denying his petition as procedurally time barred. Accordingly, we
No direct appeal was taken.
ORDER the judgment of the district court AFFIRMED.