Opinion
No. 74866
09-14-2018
RODERICK SIGMON GALLOWAY, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Roderick Sigmon Galloway appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Valerie Adair, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Galloway filed his petition on June 22, 2017, more than one year after entry of the judgment of conviction on June 20, 2016. Thus, Galloway's petition was untimely filed and procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See NRS 34.726(1); Gonzales v. State, 118 Nev. 590, 595-96, 53 P.3d 901, 904 (2002) (holding that a petition filed a few days late was untimely). "Application of the statutory procedural default rules to post-conviction habeas petitions is mandatory." State v. Eighth Judicial Dist. Court (Riker), 121 Nev. 225, 231, 112 P.3d 1070, 1074 (2005).
Galloway did not attempt to provide cause for the delay. Accordingly, Galloway failed to meet his burden to overcome the procedural bar. See NRS 34.726(1) (explaining the petitioner has the burden to demonstrate cause for the delay); State v. Haberstroh, 119 Nev. 173, 181, 69 P.3d 676, 681 (2003). Therefore, the district court did not err in denying the petition. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Valerie Adair, District Judge
Roderick Sigmon Galloway
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk