Suggs (Joe) v. State

 was untimely filed. See NRS 34.726(1). Moreover, appellant's motion
constituted an abuse of the writ as he raised claims new and different
from those raised in his previous petition. 2 See NRS 34.810(2).
Appellant's motion was procedurally barred absent a demonstration of
good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(3).
Appellant did not attempt to provide cause for the delay. Moreover,
appellant failed to demonstrate actual prejudice because "house arrest
does not constitute time 'actually spent in confinement' for which the
duration of a sentence may be credited." State v. Second Judicial Dist.
Court (Jackson), 121 Nev. 413, 418-19, 116 P.3d 834, 837 (2005).
Therefore, the district court did not err in denying the motion.
Accordingly, we
ORDER the judgment of the district court AFFIRMED. 3
4 -t 61„.1
Hardesty
)
J. J.
Douglas Cherry
2 Suggs v. State, Docket No. 49775 (Order of Affirmance, June 9,
2008).
3 We
have reviewed all documents that appellant has submitted in
proper person to the clerk of this court in this matter, and we conclude
that no relief based upon those submissions is warranted. To the extent
that appellant has attempted to present claims or facts in those
submissions which were not previously presented in the proceedings
below, we have declined to consider them in the first instance.
SUPREME COURT
OF
NEVADA
2
(Oj 1947A
ateat3/44 e,
j -
cc: Hon. James M. Bixler, District Judge
Joe Suggs
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
3
0) 1947A ca