CRUMP v. STATE (2018)

Supreme Court of Nevada.

Thomas Wayne CRUMP, Appellant, v. The STATE of Nevada, Respondent.

No. 76051

Decided: October 18, 2018

Federal Public Defender/Las Vegas Attorney General/Carson City Clark County District Attorney

ORDER DISMISSING APPEAL

This is an appeal from a district court order dismissing a postconviction petition for writ of habeas corpus. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.

On July 11, 2018, we entered an order instructing that appellant's personal representative, if any, should file a motion for substitution in this court pursuant to NRAP 43 by September 19, 2018, if he or she wished to proceed with this appeal. See NRAP 43(a); Brass v. State, 129 Nev. 527, 306 P.3d 393 (2013); see also Walker v. Burkham, 68 Nev. 250, 253-54, 229 P.2d 15, 160 (1951) (“Upon the death of a party ․ the [action] cannot proceed until someone is substituted for the decedent․”). We cautioned that if no personal representative was substituted within that time, this appeal would be dismissed. See Brass, 129 Nev. At 530, 306 P.3d at 395. To date, no personal representative has filed a motion for substitution or otherwise communicated with this court. Accordingly, we

ORDER this appeal DISMISSED.

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