appellant was required to overcome the rebuttable presumption of prejudice. See NRS 34.800(2).

In an attempt to overcome the procedural bars, appellant argued that good cause for the delay is demonstrated by the Supreme Court's decision in Martinez v. Ryan, 566 U.S. , 132 S. Ct. 1309 (2012). 3 Martinez held that "a procedural default will not bar a federal habeas court from hearing a substantial claim of ineffective assistance [of counsel] at trial if, in the initial-review collateral proceeding, there was no counsel or counsel in that proceeding was ineffective." 566 U.S. at , 132 S. Ct. at 1320 (emphasis added). We have recently determined that Martinez does not apply to habeas petitions filed in state court. Brown v. McDaniel, Nev. „ P.3d , (Adv. Op. No. 60, at 15-16, August 7, 2014). Accordingly, we conclude that appellant failed to overcome the procedural bars to his petition, and we ORDER the judgment of the district court AFFIRMED. 4

Hardesty

Douglas a Cherry kszAt J.

3 To the extent that appellant claimed that good cause is not required if his petition is construed as a petition for a writ of mandamus, we conclude that the district court did not abuse its discretion by declining to construe appellant's habeas petition as a mandamus petition.

4 We have considered appellant's proper person documents, we grant his motion for leave to file these documents, and we direct the clerk of this court to file appellant's motion to file proper person documents, Fast Track Statement, and Appendix. See NRAP 46(b).

SUPREME COURT OF NEVADA (0) 1947A er. cc: Hon. Michael Villani, District Judge Randy Stone Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A