KING v. RUSSELL NNCC (2021)

ORDER OF AFFIRMANCE

Phillip James King appeals from an order of the district court dismissing a postconviction petition for a writ of habeas corpus filed on February 1, 2021. Second Judicial District Court, Washoe County; Lynne K. Simons, Judge.

King filed his petition more than two years after issuance of the order granting King's request to voluntarily dismiss his direct appeal. See King v. State, Docket No. 75926 (Order Dismissing Appeal, January 18, 2019). Thus, King's petition was untimely filed. See NRS 34.726(1); Gonzales v. State, 118 Nev. 590, 596 n.18, 53 P.3d 901, 904 n.18 (2002). Moreover, King's petition constituted an abuse of the writ as he raised claims new and different from those raised in his previous petition. See NRS 34.810(2). King's petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(3). King did not allege good cause to overcome the procedural bars. We therefore conclude the district court did not err by denying King's petition as procedurally barred.

To the extent King attempts to raise new arguments in his informal brief on appeal, we decline to address these arguments on appeal in the first instance. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999). Accordingly, we

ORDER the judgment of the district court AFFIRMED.