In an attempt to overcome the procedural bars, appellant argued that Martinez v. Ryan, 566 U.S. , 132 S. Ct. 1309 (2012), provides a gateway through the procedural bars in cases like his where the petitioner has been deprived of the benefit of counsel when pursuing claims of ineffective assistance of trial counsel. 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, 130 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. 3

' J.

Hardesty

'3,99/4 Douglas J. aka Cherry J.

3 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 (0) 19474 e cc: Hon. Abbi Silver, District Judge Charles H. Porter Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A e