Clifford v. StateNo. 20080248

Per Curiam.

[¶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."

[¶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).

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