Villalobos (Gonzalo) v. State

further claimed that the decision in Martinez v. Ryan, 566 U.S. , 132 S. Ct. 1309 (2012), provided good cause. Appellant failed to demonstrate that his appellate counsel's failure to communicate prevented him from filing a timely petition. Further, appellant's reliance upon Martinez was misplaced as the instant petition was the first petition and Martinez does not apply in these circumstances. Further, the appointment of counsel was discretionary, see NRS 34.750(1), and appellant failed to demonstrate an abuse of discretion. Moreover, we note this court has recently held that Martinez does not apply to Nevada's statutory post-conviction procedures. See Brown v. McDaniel, Nev. , P.3d (Adv. Op. No. 60, August 7, 2014). Thus, the failure to appoint post-conviction counsel and the decision in Martinez would not provide good cause for this late petition. Accordingly, we

ORDER the judgment of the district court AFFIRMED. 2 freg.A Hardesty

J. J.

2We 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 (0) 1947A e cc: Hon. James M. Bixler, District Judge

Gonzalo Hernandez Villalobos

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A e