Opinion
No. 58788.
08-17-2011
Gary Wayne WALTERS, Appellant, v. NIGHTINGALE DEVELOPMENT, LLC ; Robert Ford; and Louis Monteleone, Respondents.
Gary Wayne Walters Law Offices of Douglas C. Crawford Callister & Associates Attorney General/Carson City Clark County District Attorney
Gary Wayne Walters
Law Offices of Douglas C. Crawford
Callister & Associates
Attorney General/Carson City
Clark County District Attorney
ORDER DISMISSING APPEAL
On July 14, 2011, this matter was docketed without the required filing fee. This court issued a notice directing appellant to pay the filing fee within 10 days. The notice further advised that failure to pay the filing fee within 10 days would result in the dismissal of this matter. Appellant did not pay the filing fee. Accordingly, cause appearing, this appeal is dismissed.
On July 29, 2011, appellant filed a “Motion/Request to Voluntarily Withdraw the Submitted Writ of Mandamus” in this case. However, the instant case is a direct appeal and not a writ proceeding. Accordingly, it would appear that appellant erroneously submitted the motion in the instant matter. Appellant in the instant matter is also the petitioner in an original writ proceeding presently pending before this court, Walters v. State, No. 58738. Therefore, the motion will be transferred from the docket in this case to the docket in Walters v. State, No. 58738, which involves a petition for a writ of mandamus.
It is so ORDERED.