Mauwee, Sr. (Eugene) v. State

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 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