HEATH v. STATE, 23 A.3d 865 (Del. 2011)

THOMAS H. HEATH, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.

No. 209, 2011.Supreme Court of Delaware.Submitted: July 6, 2011.
Decided: July 8, 2011.

Court Below — Superior Court of the State of Delaware, in and for Kent County, Cr. ID No. 9701019400.

ORDER
JACK B. JACOBS, Justice.

This 8th day of July 2011, the Court has considered the notice to show cause issued to the appellant, Thomas H. Heath, on June 23, 2011, for his failure to file the opening brief and appendix that were due to be filed by June 13, 2011. Heath has not responded to the notice to show cause and has not filed the opening brief and appendix. Heath’s failure to respond to the notice to show cause is deemed to be his consent to the dismissal of this appeal.

NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 3(b)(2) and 29(b), that the appeal is DISMISSED.

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