Opinion
7 2024
03-06-2024
KEITH CAMPBELL, Defendant Below, Appellant, v. STATE OF DELAWARE, Appellee.
Submitted: February 27, 2024
Court Below: Superior Court of the State of Delaware Cr. ID No. 1411008699 (N)
ORDER
Collins J. Seitz, Jr. Chief Justice
(1) The appellant filed this appeal from a Superior Court order denying a motion for sentence correction. The Senior Court Clerk sent the appellant a letter directing him to pay the filing fee or to file a motion and affidavit to proceed in forma pauperis by January 23, 2024. On January 25, 2024, the Chief Deputy Clerk sent another letter directing the appellant to either file a motion and affidavit to proceed in forma pauperis or pay the filing fee by February 8, 2024, or a notice to show cause would issue.
(2) On February 13, 2024, the Chief Deputy Clerk issued a notice, sent by certified mail, directing the appellant to show cause why the Court should not dismiss the appeal for the appellant's failure to diligently prosecute the appeal by either paying the Supreme Court filing fee or filing a motion to proceed in forma pauperis. The notice to show cause directed the appellant to respond within ten days and advised that if the appellant did not respond, dismissal of the appeal would be deemed to be unopposed. On February 26, 2024, the Court received the certified-mail receipt indicating that the notice had been delivered on February 15, 2024.
(3) The appellant having failed to respond to the notice to show cause within the required ten-day period, dismissal of this action is deemed to be unopposed.
NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 3(b) and 29(b), that the appeal is DISMISSED.