Samson

MEMORANDUM **

Gregory “Skeeter” Samson appeals the district court’s dismissal of his habeas petition, which he filed after being denied post-conviction relief from his conviction for second degree murder with a deadly weapon in Nevada state courts. We affirm. Because the parties are familiar with the facts and procedural history, we need not recount them here.

I

The district court did not err in holding that Samson had procedurally defaulted the claim that he was denied constitutionally effective assistance of counsel due to his attorney’s failure to move the trial court for suppression of certain physical evidence. “When a state prisoner has defaulted a claim by violating a state procedural rule which would constitute adequate and independent grounds to bar direct review in the U.S. Supreme Court, he may not raise the claim in federal habeas, absent a showing of cause and prejudice.” Wood v. Hall, 130 F.3d 373, 376 (9th Cir.1997), ce rt. denied, 523 U.S. 1129 , 118 S.Ct. 1818 , 140 L.Ed.2d 955 (1998), quoting Wells v. Maass, 28 F.3d 1005, 1008 (9th Cir.1994). Under Nevada law applicable at the time of Samson’s conviction, unless good cause is shown for the delay, any petition…