Opinion
No. 67140
04-14-2015
JAMES WRIGHT, JR., Appellant, v. ROBERT LEGRAND, WARDEN, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 an appeal from an order of the district court dismissing a post-conviction petition for a writ of habeas corpus. Second Judicial District Court, Washoe County; David A. Hardy, 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 James Wright, Jr., filed his petition on July 24, 2014, nearly 6 years after issuance of the remittitur on direct appeal on August 5, 2008. Wright, Jr. v. State, Docket No. 46964 (Order of Affirmance, July 10, 2008). Thus, Wright's petition was untimely filed. See NRS 34.726(1). Moreover, Wright's petition was successive because he had previously filed a post-conviction petition for a writ of habeas corpus, and it constituted an abuse of the writ as he raised claims new and different from those raised in his previous petition. See NRS 34.810(1)(b)(2); NRS 34.810(2). Wright's petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(3).
Wright, Jr. v. State, Docket No. 56945 (Order of Affirmance, September 14, 2011).
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Wright failed to allege any good cause or prejudice to overcome the procedural bars. Therefore, the district court did not err in dismissing the petition as procedurally barred, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. David A. Hardy, District Judge
James Wright, Jr.
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk