MOHAMED ABDALLA MAHMOUD v. THE STATE OF NEVADA WARDEN JERRY HOWEL AND ATTORNEY GENERAL AARON FORD (2025)

ORDER OF AFFIRMANCE

Mohamed Abdalla Mahmoud appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on May 20, 2022, and supplemental pleadings. Eighth Judicial District Court, Clark County; Nadia Krall, Judge.

Mahmoud argues the district court erred by denying his petition as procedurally barred without conducting an evidentiary hearing.¹ The appendix submitted by Mahmoud does not include a copy of Mahmoud's petition or his supplemental pleadings, all of which are required to be included. See NRAP 30(b)(2); NRAP 30(b)(3). These documents are essential to review whether the district court improperly denied Mahmoud's petition as procedurally barred. See Chappell v. State, 137 Nev. 780, 787, 501 P.3d 935, 949 (2021) (providing ‘‘a petitioner's explanation of good cause and prejudice for each procedurally barred claim must be made on the face of the petition”). Because Mahmoud does not include essential portions of the record for our review, he fails to demonstrate the district court erred. See Greene v. State, 96 Nev. 555, 558, 612 P.2d 686, 688 (1980) (“The burden to make a proper appellate record rests on appellant.”); see also Cuzze v. Univ. & Cmty. Coll. Sys. of Nev., 123 Nev. 598, 603, 172 P.3d 131, 135 (2007) (“When an appellant fails to include necessary documentation in the record, we necessarily presume that the missing portion supports the district court's decision.”). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

Bulla, C.J.

Gibbons, J.

Westbrook, J.

FOOTNOTES

1.   We note Mahmoud previously filed a postconviction petition for a writ of habeas corpus that was procedurally barred because it was untimely filed. See Mahmoud v. State, No. 84408-COA, 2022 WL 14177219 (Nev. Ct. App. Oct. 21, 2022) (Order of Affirmance).