Opinion
No. 64830
05-13-2014
JOHNNIE LEE PARHAM, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 of the district court denying a post-conviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Michelle Leavitt, 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 October 30, 2013, two years after entry of the judgment of conviction on September 1, 2011. Appellant's petition was therefore untimely filed and procedurally barred absent a demonstration of good cause—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. An amended judgment of conviction was filed on March 19, 2012, but none of the claims raised in appellant's petition were relevant to the changes therein. See Sullivan v. State, 120 Nev. 537, 541, 96 P.3d 761, 764 (2004).
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ORDER the judgment of the district court AFFIRMED.
__________, J.
Hardesty
__________, J.
Douglas
__________, J.
Cherry
cc: Hon. Michelle Leavitt, District Judge
Johnnie Lee Parham
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk