Kizziar (John) v. State

procedural default. Further, his claim that he is actually innocent lacks merit because he failed to present new evidence establishing that he is actually innocent of his crimes. See House v. Bell, 547 U.S. 518, 536-37 (2006). Therefore, we conclude that the district court did not err by denying appellant's petition as procedurally barred. Accordingly, we ORDER the judgment of the district court AFFIRMED.

7/ - ) L I-VO17\ , J. J. Gibbons cc: Chief Judge, The Eighth Judicial District Court Hon. J. Charles Thompson, Senior Judge

John Thomas Kizziar

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA