DEWAYNE PORTER, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.

No. 426, 2010.Supreme Court of Delaware.Submitted: November 12, 2010.
Decided: November 22, 2010.

Court Below — Superior Court of the State of Delaware, in and for New Castle County, Cr. ID 0906015554.

ORDER
RANDY J. HOLLAND, Justice.

This 22nd day of November, 2010, it appears to the Court that, on October 27, 2010, the Clerk issued a notice to appellant to show cause why this appeal should not be dismissed for his failure to diligently prosecute the appeal by not filing his opening brief and appendix in this matter. The appellant has failed to respond to the notice to show cause within the required ten-day period; therefore, 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.

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