Opinion
No. 319 2013.
2013-09-30
Jerry D. EATON, Petitioner Below, Appellant, v. STATE of Delaware, Respondent Below, Appellee.
Court Below—Superior Court of the State of Delaware, in and for Kent County, C.A. No. 13M–06–001.
ORDER
MYRON T. STEELE, Chief Justice.
This 30th day of September 2013, it appears to the Court that, on September 6, 2013, the Chief Deputy Clerk issued a notice to appellant to show cause why this appeal should not be dismissed for his failure to diligently prosecute the appeal by not filing his opening brief and appendix in this matter. The appellant has failed to respond to the notice to show cause within the required ten-day period; therefore, dismissal of this action is deemed to be unopposed.
NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to Supreme Court Rules 3(b) and 29(b), that the within appeal is DISMISSED.