year of the issuance of the remittitur on direct appeal or the filing of the judgment of conviction unless the petitioner can demonstrate cause for the delay and undue prejudice. See State v. Eighth Judicial Dist. Court (Riker), 121 Nev. 225, 231, 112 P.3d 1070, 1074 (2005) ("Application of the statutory procedural default rules to post-conviction habeas petitions is mandatory.").

Here, the district court considered appellant's claims on the merits and did not refer to the fact that appellant's motion was filed more than 11 years after the filing of the judgment of conviction on December 6, 2001. As discussed in Harris, the district court should have construed appellant's motion as a post-conviction petition for a writ of habeas corpus and then permitted appellant a reasonable time period to cure any defects with respect to the procedural requirements of NRS Chapter 34. See 130 Nev. at , P.3d at (Adv. Op. No. 47, June 12, 2014, at 19). We reverse the decision of the district court and remand for the district court to construe the motion as a post-conviction petition for a writ of habeas corpus and to provide appellant an opportunity to cure any defects within a reasonable time period as set by the district court. Accordingly, we

SUPREME COURT OF NEVADA (0) 1947A e ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order. 1

J.

Hardesty

J.

Douglas

Chute J.

Cherry

'In light of our decision to reverse and remand this matter for further proceedings before the district court, we decline to consider appellant's remaining arguments regarding the district court's decision to deny relief. This order constitutes our final disposition of this appeal.

Any subsequent appeal shall be docketed as a new matter.

In addition, appellant sent a letter to this court that was received on June 26, 2014. In that letter, appellant asks this court to sanction counsel for failing to file an opening brief with this court and to appoint alternate counsel Counsel had already filed an opening brief by the time this court received that letter and appellant was not given permission to file proper person documents with this court. See NRAP 46(b). Therefore, we will take no action on appellant's requests.

SUPREME COURT OF NEVADA (0) 1947A cc: Chief Judge, Tenth Judicial District Hon. Robert E. Estes, Senior Judge The Law Office of Jacob N. Sommer Attorney General/Carson City Churchill County District Attorney/Fallon Churchill County Clerk

SUPREME COURT OF NEVADA (0) 1947A