IN THE SUPREME COURT OF THE STATE OF NEVADA

TIYON TONY FORD, No. 68658 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. FEB 1 0 2016 laER fre

ORDER OF AFFIRMANCE This is a pro se appeal from a district court order denying a postconviction petition for a writ of habeas corpus.' Eighth Judicial District Court, Clark County; Eric Johnson, Judge.

Appellant filed his postconviction petition on May 19, 2014, more than six years after issuance of remittitur on direct appeal on October 2, 2007. Ford u. State, Docket No. 48781 (Order of Affirmance, September 6, 2007). Therefore, the petition was untimely filed. See NRS 34.726(1). Additionally, his petition was successive as he previously sought postconviction reliel 2 See NRS 34.810(1)(b)(2). His petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(3).

'This appeal has been submitted for decision without oral argument, NRAP 34(0(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Thicken v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).

2Ford v. State, Docket No. 52915 (Order of Affirmance, August 27, 2009).

SUPREME COURT OF NEVADA

(0) 1947A cep( Appellant failed to demonstrate good cause to overcome the 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 crime. 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.

c,c_5z6 , C.J.

Parraguirre

;r1744 est J.

Cherry L1'4 Douglas

cc: Hon. Eric Johnson, District Judge Tiyon T. Ford Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COUFtT OF NEVADA (0) 1947A es,