Opinion
No. 65340
07-23-2014
ROBERT EARL STEWART, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 February 21, 2014, more than 4 years after entry of the judgment of conviction on January 5, 2010. 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 failed to allege cause for the delay or undue prejudice in his petition. Therefore, the district court did not err in denying the petition as procedurally barred, and we
ORDER the judgment of the district court AFFIRMED.
To the extent that appellant was appealing from the denial of his Rule 60(b) motion, the denial of such a motion is not an appealable decision in a criminal case. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990).
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__________, J.
Pickering
__________, J.
Parraguirre
__________, J.
Saitta
cc: Hon. Michelle Leavitt, District Judge
Robert Earl Stewart
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk