Robinson v. State

Full title: EMMANUEL A. ROBINSON, Defendant Below, Appellant, v. STATE OF DELAWARE…

Court: SUPREME COURT OF THE STATE OF DELAWARE

Date published: Mar 5, 2018

No. 466, 2017 (Del. Mar. 5, 2018)

Opinion

No. 466, 2017

03-05-2018

EMMANUEL A. ROBINSON, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.

Collins J. Seitz, Jr. Justice

Court Below—Superior Court of the State of Delaware Cr. ID No. 1403011294 (N) ORDER

This 5^th day of March 2018, it appears to the Court that:

(1) The Clerk issued a notice directing that the appellant show cause why this appeal should not be dismissed for his failure to pay the filing fee or to file a motion to proceed in forma pauperis ("IFP motion") seeking a waiver of the fee. Following his receipt of the notice to show cause, the appellant submitted a letter stating that he was unable to pay the filing fee.

(2) By letter dated February 12, 2018, the Clerk sent the appellant an IFP motion form. The Clerk directed the appellant to complete the motion and return it for filing on or before February 27, 2018. The Clerk advised the appellant that if he failed to file the motion on or before February 27, the appeal would be dismissed without further notice.

(3) The appellant has filed nothing further in this case and has not filed the IFP motion. Under these circumstances, dismissal of the appeal is deemed to be unopposed.

NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 3(b)(2)(b), that the appeal is DISMISSED.

BY THE COURT:

/s/ Collins J . Seitz, Jr.

Justice