Opinion
No. 63038
11-13-2013
ROCKY A. JAMES, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is a proper person appeal from an order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Valerie Adair, 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 on June 11, 2009, more than two years after entry of the judgment of conviction on December 13, 2006. Thus, appellant's petition was untimely filed. See NRS 34.726(1). Appellant's petition was procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See id. Appellant claimed that he had cause for the delay because he was not aware of post-conviction remedies. Appellant's ignorance of post-conviction remedies did not excuse the delay in filing his petition. See Phelps v. Director, Prisons, 104 Nev. 656, 764 P.2d 1303 (1988). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
__________, J.
Gibbons
_________, J.
Douglas
__________, J.
Saitta
cc: Hon. Valerie Adair, District Judge
Rocky A. James
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk