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

CHRISTOPHER KING, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.

No. 158, 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. 1001014498.

ORDER
JACK B. JACOBS, Justice.

This 8th day of July 2011, it appears to the Court that:

(1) By notice issued on June 14, 2011, the Clerk directed th prose appellant, Christopher King, to show cause why this appeal should not be dismissed for failure to file the opening brief. The notice was sent to King at the address he provided in his notice of appeal. Nonetheless, the notice was returned marked “return to sender” and “attempted not known.”

(2) On June 20, 2011, the Clerk sent a copy of the notice to show cause to King by first class mail. King has not responded to the notice and has not filed the opening brief and appendix. King also has not notified theClerk of a change of address.[*] Under these circumstances, the dismissal of King’s appeal is deemed to be unopposed.

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

[*] See Del. Supr. Ct. R. 12(c) (providing that “[a]s a condition for a party appearing pro se, the party must designate a mailing address . . . for the receipt of all notices, papers and orders filed in the case”).

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