Opinion
No. 69197
05-17-2016
CHRISTOPHER BRIAN KINDER, Appellant, v. ROBERT LEGRAND, WARDEN, Respondent.
ORDER OF AFFIRMANCE
This is an appeal from a district court order denying a postconviction petition for a writ of habeas corpus. Fifth Judicial District Court, Nye County; Kimberly A. Wanker, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Appellant Christopher Kinder's August 24, 2015, petition was untimely because it was filed more than a year after the Nevada Supreme Court issued the remittitur on direct appeal on May 20, 2014. Consequently, Kinder's petition was procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See NRS 34.726(1). The district court found that Kinder failed to present good cause for the delay and denied his petition.
On appeal, Kinder claims the district court erred by denying his postconviction habeas petition because "there [was] a clear showing of good cause for being filed untimely." However, our review of the record reveals Kinder failed to provide any statement of good cause on the face of his petition. See NRS 34.735 (requiring the petitioner to state reasons for filing an untimely petition in the petition itself); State v. Haberstroh, 119 Nev. 173, 180-81, 69 P.3d 676, 681-82 (2003) (recognizing a petitioner is required to allege good cause and prejudice on the face of the petition). We conclude Kinder failed to demonstrate the district court erred by denying his petition as procedurally barred, and we
ORDER the judgment of the district court AFFIRMED.
We have reviewed all documents Kinder has submitted in this matter, and we conclude no relief based upon those submissions is warranted. --------
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver cc: Hon. Kimberly A. Wanker, District Judge
Christopher Brian Kinder
Attorney General/Carson City
Nye County District Attorney
Nye County Clerk