LEATHERS v. STATE, 830 A.2d 409 (Del. 2003)

CHARLES W. LEATHERS, Defendant Below-Appellant v. STATE OF DELAWARE, Plaintiff Below-Appellee.

No. 186, 2003.Supreme Court of Delaware.
August 13, 2003.

Appeal from Court Below-Superior Court of the State of Delaware, in and for New Castle County Cr.A. Nos. IN01-03-0356-035.

Appeal Dismissed.

Unpublished opinion is below.

CHARLES W. LEATHERS, Defendant Below-Appellant v. STATE OF DELAWARE, Plaintiff Below-Appellee. No. 186, 2003. Supreme Court of Delaware. August 13, 2003.

Myron T. Steele Justice

ORDER This 13th day of August 2003, it appears to the Court that:

(1) On July 24, 2003, the Clerk issued a notice to show cause why this appeal should not be dismissed for the appellant’s failure to diligently prosecute the appeal by not filing his opening brief and appendix.[1]
The docket sheet reflects that the appellant received the notice to show cause on July 28, 2003.
(2) The appellant has failed to respond to the notice to show cause within the required 10-day period. Therefore, dismissal of this action is deemed to be unopposed.[2]

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

[1] SUPR.CT.R. 29(b).

[2] SUPR.CT.R. 3(b).

jdjungle