MATHEW CURTIS YOUNG v. WARDEN HDSP AND THE STATE OF NEVADA (2024)

ORDER OF AFFIRMANCE

Mathew Curtis Young appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on June 23, 2023. Eighth Judicial District Court, Clark County; Bita Yeager, Judge.

Young filed his petition more than one year after entry of the judgment of conviction on March 25, 2022.¹ Thus, Young's petition was untimely filed. See NRS 34.726(1). Young's petition was procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See id. A petitioner's good cause claims must be supported by specific factual allegations that are not belied by the record and, if true, would entitle the petitioner to have their claims decided on the merits. Berry v. State, 131 Nev. 957, 967, 363 P.3d 1148, 1155 (2015).

The district court found that Young failed to demonstrate good cause to overcome the procedural time bar. Young does not challenge this determination on appeal. Therefore, Young has waived any such challenge, see Hung v. Berhad, 138 Nev., Adv. Op. 50. 513 P.3d 1285, 1286 (Ct. App. 2022), and we conclude the district court did not err by denying the petition as procedurally barred. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

Gibbons, C.J.

Bulla, J.

Westbrook, J.

FOOTNOTES

1.   Young did not appeal from the judgment of conviction.