Nevada Supreme Court, 2016

Mauwee, Sr. (Eugene) v. Warden

Mauwee, Sr. (Eugene) v. Warden
Nevada Supreme Court · Decided July 8, 2016

Mauwee, Sr. (Eugene) v. Warden

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

EUGENE ALBERT MAUWEE, SR., No. 67655 Appellant, vs. ROBERT LEGRAND, WARDEN, LOVELOCK CORRECTIONAL FILED CENTER, JUL '0 8 20%

ORDER DISMISSING APPEAL On March 8, 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 . . ."). No such motion having been filed within the allotted time, we ORDER this appeal DISMISSED.

Hardesty

Saitta

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

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