Opinion
486 2023
03-26-2024
ZYKEEM FIELDS, Defendant Below, Appellant, v. STATE OF DELAWARE, Appellee.
Court Below-Superior Court of the State of Delaware Cr. ID No. 2210000693 (N)
Submitted: March 12, 2024
ORDER
Karen L. Valihura Justice
On December 27, 2023, the appellant, Zykeem Fields, filed a notice of appeal from a Superior Court order denying his second motion for sentence modification. After Fields submitted an incomplete motion to proceed in forma pauperis, the Clerk's Office advised Fields to file a completed motion by February 20, 2024. Fields did not file a completed motion or pay the filing fee. He also failed to file an opening brief. On February 23, 2024, the Clerk's Office issued a notice, by certified mail, directing Fields to show cause why this appeal should not be dismissed for his failure to filed a completed motion to proceed in forma pauperis or to pay the filing fee. Postal records show that the notice to show cause was delivered by February 29, 2024. A timely response to the notice to show cause was due by March 11, 2024. To date, Fields has not responded to the notice to show cause, submitted a complete motion to proceed in forma pauperis, or paid the filing fee. Dismissal of this appeal is therefore deemed to be unopposed.
NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 3(b)(2) and 29(b), that this appeal is DISMISSED.