IN THE SUPREME COURT OF THE STATE OF NEVADA

TAIWAN ALLEN, No. 69157 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED APR 1 4 2016 TRACE K. UNDFMAN CLERK OF SUPREME COURT BY

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; Richard Scotti, Judge.

Appellant filed his postconviction petition on September 25, 2013, approximately eight years after issuance of remittitur on direct appeal on May 17, 2005. Allen v. State, Docket No. 42847 (Order of Affirmance, April 20, 2005). Therefore, the petition was untimely filed.

See NRS 34.726(1). Additionally, his petition was successive as he previously sought postconviction relief. See NRS 34.810(1)(b)(2). His petition was procedurally barred absent a demonstration of good cause and prejudice. See NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(3).

Appellant failed to demonstrate good cause to overcome the procedural bars. Moreover, his claim that trial counsel was ineffective for not advising him of a plea negotiation from the State was raised in his prior

SUPREME COURT OF NEVADA ce, (0) (PIM 119-117 19 petition and rejected by this court on appeal. See Allen v. State, Docket No. 51656 (Order of Affirmance, April 9, 2009). For these reasons, we ORDER the judgment of the district court AFFIRMED.

cc: Hon. Richard Scotti, District Judge Taiwan Allen Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 10) 1947A