MORALES v. STATE, 846 A.2d 238 (Del. 2003)

JUSTO L. MORALES, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee.

No. 357, 2003.Supreme Court of Delaware.
August 13, 2003.

Court Below-Superior Court of the State of Delaware, in and for New Castle County Cr. ID No. 9809021900

Myron T. Steele Justice

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

(1) On July 21, 2003, the Clerk issued a notice to show cause why this appeal should not be dismissed pursuant to Supreme Court Rule 29(b) for the appellant’s failure to file his notice of appeal within 30 days of the entry upon the docket of the Superior Court’s June 4, 2003 order.[1] The docket sheet reflects that the appellant received the notice to show cause on July 23, 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. 6.

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

jdjungle