Mauwee, Sr. (Eugene) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

EUGENE ALBERT MAUWEE, SR., No. 69733 Appellant,

vs.

THE STATE OF NEVADA,

FILED

Respondent. AUG 1 5 2016

ORDER DISMISSING APPEAL

This is an appeal from a district court order denying a motion to correct illegal sentence. Second Judicial District Court, Washoe County; Connie J. Steinheimer, Judge.

On April 12, 2016, this court entered an order directing appellant's personal representative, if any, to file a motion for substitution with this court pursuant to NRAP 43 within 90 days, if he or she wishes this appeal to proceed. See Brass v. State, 129 Nev. Adv. Op. 53, 306 P.3d 393 (2013); see also Walker v. Burkham, 68 Nev. 250, 253-54, 229 P.2d 158, 160 (1951) ("[u]pon the death of a party.. .the [action] cannot proceed until someone is substituted for the decedent..."). To date, no personal representative has filed a motion for substitution. Accordingly, we ORDER this appeal DISMISSED.

,J.

Hardesty

Ackud

Saitta Pickering

SUPREME COURT OF NEVADA

(0) 1947A e

2

cc: Hon. Connie J. Steinheimer, District Judge Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT OF NEVADA

10) 1947A