Turner (Jermaine) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

JERMAINE DERRELL TURNER, A/K/A No. 74034 JERMAINE DERRELL COOPER,

vs. Appellant, FILED THE STATE OF NEVADA, AUG 0 9 2018 Respondent.

BY PUT? CLERK ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order dismissing a postconviction petition for a writ of habeas corpus. Fifth Judicial District Court, Nye County; Robert W. Lane, Judge. On April 12, 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 within 90 days 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 158, 160 (1951) ("Upon the death of a party. .. the [action] cannot proceed until someone is substituted for the decedent . . ."). We stated 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.

J.

,J. SUPREME COURT OF Hardesty re 3P1 S7 NEVADA

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cc: Hon. Robert W Lane, District Judge Jermaine Derrell Turner Attorney General/Carson City Nye County District Attorney Nye County Clerk

SUPREME COURT OF NEVADA 2 (0) I947A

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