Grosvenor v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JAMAH K. GROSVENOR, Defendant Below, Appellant, No. 348, 2005 Court Below: Superior Court of the State of Delaware in and for New Castle County v. STATE OF DELAWARE, Cr. ID No. 0204003496 Plaintiff Below, Appellee. Submitted: October 20, 2005 Decided: October 31, 2005 ORDER This 31st day of October 2005, it appears to the Court that on September 29, 2005, 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 diligently prosecute his appeal by not filing his opening brief and appendix in this matter. The appellant responded to the notice to show cause and requested that his appeal not be dismissed pending action in the Superior Court. By letter dated October 5, 2005, the Clerk directed appellant to file, by October 17, 2005, an appropriate motion for stay or motion under Rule 15(b). The appellant has not filed such motion. 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. BY THE COURT: /s/ Myron T. Steele Chief Justice

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