IN THE SUPREME COURT OF THE STATE OF NEVADA
THOMAS VAIL, No. 68289
Appellant,
vs.
WARDEN WILLIAMS,
Respondent. FILED
JUN 1 7 2016
ORDER OF AFFIRMANCE
This is a pro se appeal from a district court order denying
appellant Thomas Vail's postconviction petition for a writ of habeas
corpus. Eighth Judicial District Court, Clark County; Eric Johnson,
Judge.
Vail's petition was filed on December 31, 2014, more than one
year after his judgment of conviction was entered on December 2, 2013. 1
See NRS 34.726. Thus, his petition was untimely filed. Vail failed to
Wail pleaded guilty to theft in the amount of $2,500 or more against
a person 60 years of age or older and was sentenced to 26 to 72 months
incarceration. The sentence was suspended and Vail was placed on
probation. On December 30, 2013, the district court entered an amended
judgment of conviction revoking his probation and imposing the
underlying sentence.
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NEVADA
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demonstrate good cause and prejudice to excuse the untimely filing. See
id. Accordingly, we
ORDER the judgment of the district court AFFIRMED. 2
Douglas
Cherry
niffia&
Gibbo
cc: Hon. Eric Johnson, District Judge
Thomas Vail
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk
2We have reviewed all documents that appellant has submitted to
the clerk of this court in this matter, and we conclude that no relief based
upon those submissions is warranted. To the extent that appellant has
attempted to present claims or facts in those submissions which were not
previously presented in the proceedings below, we have declined to
consider them in the first instance.
SUPREME COURT
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NEVADA
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