FLEMING v. STATE, 903 A.2d 322 (Del. 2006)

SEBRON E. FLEMING, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.

No. 609, 2005.Supreme Court of Delaware.
July 10, 2006.

Superior Court of the State of Delaware, in and for New Castle County Cr. ID No. 0409019335.

ORDER
JACK B. JACOBS, Justice.

This 10th day of July 2006, it appears to the Court that:

(1) On May 17, 2006, a brief delinquency letter addressed to Mr. Fleming was returned to the Supreme Court by the post office with the notation, “Attempted Not Known.” The letter was then re-mailed to Mr. Fleming at the Plummer Center and was returned from there to the Clerk’s office on May 24, 2006, with the notation, Return to Sender.”

(2) On May 24, 2006, a third attempt was made by the Clerk’s office to mail the brief delinquency letter to Mr. Fleming at an address in Wilmington that apparently was reported to the Clerk’s office to be his new address. This letter was returned by the post office on June 6, 2006, with the notation, “Return to Sender . . . No Such Number . . . Unable to Forward.”

(3) The appellant having failed to report his current address to the Court, 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.

[*] Supr. Ct. R. 3(b)(2); Supr. Ct. R. 30(c).
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