Clifford v. Redmann

[Go to Documents]Filed May 11, 2006[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2006 ND 93

Darrell W. Clifford, Petitioner and Appellant
v.
Warden Don Redmann, James River Correctional Center, Respondent and Appellee

No. 20050419

Appeal from the District Court of Rolette County, Northeast Judicial District, the Honorable Lester Ketterling, Judge.
DISMISSED AND AFFIRMED.
Per Curiam.
Darrell W. Clifford (on brief), pro se, James River Correctional Center, 2521 Circle Drive, Jamestown, ND 58401, petitioner and appellant.
Mary K. O'Donnell (on brief), State's Attorney, P.O. Box 1079, Rolla, ND 58367-1079, for respondent and appellee.

Clifford v. Redmann
No. 20050419

Per Curiam.

[¶1] Darrell Clifford, formerly known as Darrell Red Paint, appeals from an order dismissing his petition for writ of habeas corpus and application for post-conviction relief. The district court determined Clifford was not entitled to the relief he requested because no new matters were raised in his current action that were not already addressed in his previous attempts for relief. Clifford v. O'Donnell, 2005 ND 27, 694 N.W.2d 22; Red Paint v. State, 2002 ND 27, 639 N.W.2d 503; State v. Red Paint, 311 N.W.2d 182 (N.D. 1981). The court summarily dismissed his case finding his application and petition were a misuse of process.

[¶2] We dismiss Clifford's appeal from the denial of his petition for a writ of habeas corpus as unappealable. In Interest of Klein, 325 N.W.2d 227, 228 (N.D. 1982). We summarily affirm the dismissal of his application for post-conviction relief under N.D.R.App.P. 35.1(a)(1).

[¶3]Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Mary Muehlen Maring
Daniel J. Crothers
Dale V. Sandstrom