Lewis v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE JIMMIE LEWIS, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 182, 2006 Court Below--Superior Court of the State of Delaware in and for New Castle County Cr. ID No. 0305016966 Submitted: April 10, 2006 Decided: May 18, 2006 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices. ORDER This 18th day of May 2006, upon consideration of the pro se notice of appeal submitted on April 10, 2006, it appears to the Court that: (1) The appellant, Jimmie Lewis, has filed a notice of appeal which purports to appeal a Superior Court order dated March 20, 2006. Upon closer inspection of the appeal papers and the Superior Court docket, it appears that Lewis seeks review of his defense counsel s failure to timely file an affidavit in a pending Superior Court postconviction proceeding.1 1 The order date of March 20, 2006, appears to correspond with the date of a petition for default judgment that Lewis purportedly filed in the Superior Court. (2) The Court has determined that Lewis appeal manifestly fails to invoke the jurisdiction of the Court and is subject to involuntary dismissal, sua sponte, pursuant to Supreme Court Rule 29(c).2 The Court concludes, in the exercise of discretion, that notice of dismissal to Lewis would serve no meaningful purpose, and that any response from him would be of no avail. NOW, THEREFORE, IT IS ORDERED that the appeal is DISMISSED, sua sponte, pursuant to Supreme Court Rule 29(c). BY THE COURT: /s/ Randy J. Holland Justice 2 SeeDel. Const. art. IV, § 11(1)(b) (authorizing appeals only from final judgments in criminal cases). 2
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