IN THE SUPREME COURT OF THE STATE OF DELAWARE KEVIN J. GARGAN, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § ORDER This 13th day of August 2003, it appears to the Court that: (1) On July 25, 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 29, 2003. (2) unopposed.2 NOW, THEREFORE, IT IS ORDERED that, pursuant to Supreme Court Rules 3(b) and 29(b), the within appeal is DISMISSED. BY THE COURT: /s/ Myron T. Steele Justice 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
No. 368, 2002 Court Below—Superior Court of the State of Delaware, in and for New Castle County Cr.A. Nos. IN01-04-0970; 0977; 0979
1
SUPR. CT . R. 29(b). SUPR. CT . R. 3(b).
2
