JOHNSON v. STATE (2022)

ORDER OF AFFIRMANCE

Johnson filed a petition on February 4, 2021, in district court case number A-21-828907-W (Docket No. 83119), a petition on February 4, 2021, in district court case number A-21-828910-W (Docket No. 83120), and a petition on February 25, 2021, in district court case number A-21-830033-W (Docket No. 83121). In his petitions, Johnson challenged the revocation of his parole and his loss of credits against his prison sentence.

Johnson's petitions were successive because he had previously filed postconviction petitions for a writ of habeas corpus challenging the revocation of parole and his loss of credits that were decided on the merits, and they constituted an abuse of the writ as he raised claims new and different from those raised in his previous petitions.¹ See NRS 34.810(2). Thus, Johnson's petitions were procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.810(3), Johnson did not allege he had good cause to overcome the procedural bars. Therefore, we conclude the district court did not err by dismissing the petitions as procedurally barred. Accordingly, we

ORDER the judgments of the district court AFFIRMED.

FOOTNOTES

1.   Johnson v. State, No. 82597-COA, 2021 WL 3878840 (Nev. Ct. App. August 30, 2021) (Order of Affirmance); Johnson v. High Desert State Prison, No. 82600-COA, 2021 WL 3879003 (Nev. Ct. App. August 30, 2021). Johnson also filed a postconviction petition for a writ of habeas corpus challenging the revocation of his parole and loss of credits in district court case number A-20-821716-W on September 23, 2020, but Johnson did not appeal from the denial of that petition.