procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(3). Appellant claimed the procedural bars did not apply because he had been pursuing post-conviction relief in Nevada state court and in federal court since he was convicted. Appellant also asserted that he was exhausting state grounds so that he can proceed in federal court. That appellant filed a previous state petition and filed a petition in federal court did not demonstrate that an impediment external to the defense should excuse the procedural bars. See Hathaway v. State, 119 Nev. 248, 252, 71 P.3d 503, 506 (2003). Further, exhaustion of state remedies in order to seek federal court review was insufficient to demonstrate cause to excuse the delay. See Colley v. State, 105 Nev. 235, 236, 773 P.2d 1229, 1230 (1989). Therefore, the district court did not err in dismissing the petition as procedurally barred. Accordingly, we ORDER the judgment of the district court AFFIRMED. 4

4 We have reviewed all documents that appellant has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted. To the extent that appellant has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we have declined to consider them in the first instance.

SUPREME COURT OF NEVADA

2 (0) 1947A (-

i M-W-MY cc: Hon. Janet J. Berry, District Judge Matthew Arthur Fields Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A

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