No. 288, 1999.Supreme Court of Delaware.
December 8, 1999.
Appeal from Superior Court of the State of Delaware in and for New Castle County, Cr. A. No. IN98-08-0228, Cr. I.D. No. 9807008609.
APPEAL DISMISSED.
CAROLYN BERGER, Justice.
ORDER
This 8th day of December 1999, it appears to the Court that:
(1) On October 13, 1999, a Notice to Show Cause was issued to appellant directing him to show cause why the appeal should not be dismissed, pursuant to Supreme Court Rule 29(b), for his failure to diligently prosecute the appeal by not filing his opening brief and appendix.
(2) On November 1, 1999, appellant responded by filing a motion for extension of time to file his opening brief and appendix. By Order dated November 3, 1999, the appellant’s third motion for extension of time was granted and his opening brief and appendix were due to be filed no later than December 1, 1999. The Order further stated that if the appellant failed to file his opening brief on or before December 1, 1999, dismissal of the appeal would be deemed to be unopposed.
(3) The appellant has not filed his opening brief and appendix. Therefore, dismissal of this appeal is deemed to be unopposed.
NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 3(b)(2) and 29(b), that the appeal be, and it hereby is, DISMISSED.
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