Opinion
No. 490 2014.
2014-10-9
Charles COBB, Petitioner Below, Appellant, v. STATE of Delaware, Respondent Below, Appellee.
Decided: Oct. 13, 2014.
Court Below—Superior Court of the State of Delaware in and for New Castle County, C.A. No. N14M–06–016.
This 13th day of October 2014, it appears to the Court that:
(1) The appellant, Charles Cobb, filed this appeal from the Superior Court's order of August 4, 2014, denying his petition for a writ of habeas corpus. On September 25, 2014, the appellee, State of Delaware, filed a motion to dismiss the appeal as moot.
See Del.Supr. Ct. R. 29(b), 30(d) (providing for dismissal of appeal upon motion by a party).
(2) Cobb has not responded to the State's motion to dismiss. Under the Supreme Court Rules, Cobb's failure to respond to the motion is deemed to be his consent to the dismissal of the appeal.
See Del.Supr. Ct. R. 3(b)(2), 30(c) (providing that a party's failure to respond to a motion to dismiss is deemed to be the party's consent to dismissal).
NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 3(b)(2), 29(b) and 30(b), (c), that the appeal is DISMISSED.