Felder
Felder v. Hildreth
Opinion
Lead Opinion
MEMORANDUM **
Nevada state prisoner James Lloyd Felder appeals the district court’s order dismissing in part his 28 U.S.C. § 2254 petition on procedural default grounds. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.
When Felder raised the claims at issue in state court, the Nevada Supreme Court determined that they were procedurally barred under Nev.Rev.Stat. § 34.726 because Felder had failed to raise them within the applicable one-year time limit and had failed to show good cause to excuse the delay. We have previously held that Nev.Rev.Stat. § 34.726 constitutes an independent and adequate state bar for the purposes of precluding federal habeas review. See Loveland v. Hatcher, 231 F.3d 640, 642 (9th Cir.2000); Moran v. McDaniel, 80 F.3d 1261, 1268-70 (9th Cir.1996). Upon review of the record, we conclude that Felder has not demonstrated cause and prejudice and/or actual innocence to overcome the default. See Schlup v. Delo, 513 U.S. 298, 327 , 115 S.Ct. 851 , 130 L.Ed.2d 808 (1995); Coleman v. Thompson, 501 U.S. 722, 753 , 111 S.Ct. 2546 , 115 L.Ed.2d 640 (1991). Accordingly, the district court correctly dismissed Felder’s first seven claims.