¶1Filed 4/30/09 by Clerk of Supreme Court
¶2IN THE SUPREME COURT
¶3STATE OF NORTH DAKOTA
¶11Darrell W. Clifford, Petitioner and Appellant
¶13v.
¶15State of North Dakota, Respondent and Appellee
¶19No. 20080248
¶23Appeal from the District Court of Rolette County, Northeast Judicial District, the Honorable Michael G. Sturdevant, Judge.
¶25AFFIRMED.
¶27Per Curiam.
¶29Kent M. Morrow (on brief), 411 North 4th Street, P.O. Box 2155, Bismarck, ND 58502-2155, for petitioner and appellant.
¶31Mary Kathleen O’Donnell (on brief), State’s Attorney, P.O. Box 1079, Rolla, ND 58367-1079, for respondent and appellee.
¶33No. 20080248
¶35Per Curiam.
¶36[¶1] Darrell Clifford, formerly known as Darrell Red Paint, appeals from the district court’s order denying his application for post-conviction relief. The district court dismissed Clifford’s application for post-conviction relief finding his application was “without any legal or factual basis.”
¶37[¶2] Clifford’s application for post-conviction relief represents a misuse of process under N.D.C.C. § 29-32.1-12. See Steen v. State , 2007 ND 123, ¶ 13, 736 N.W.2d 457 (holding a misuse of process occurs if an applicant for post-conviction relief “presents a claim for relief which the applicant inexcusably failed to raise either in . . . [prior proceedings], or if the applicant files multiple applications containing a claim so lacking in factual support or legal basis as to be frivolous”). We summarily affirm under N.D.R.App.P. 35.1(a)(7).
¶38[¶3] Gerald W. VandeWalle, C.J.
¶39Daniel J. Crothers
¶40Mary Muehlen Maring
¶41Carol Ronning Kapsner
¶42Dale V. Sandstrom