Eaton v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JERRY D. EATON, Petitioner Below, Appellant, v. STATE OF DELAWARE, Respondent Below, Appellee. § § § § § § § § § § § No. 321, 2013 Court Below Superior Court of the State of Delaware in and for Kent County C.A. No. K13M-06-001 Submitted: September 24, 2013 Decided: September 25, 2013 ORDER This 25th day of September 2013, the Court has considered the August 28, 2013 notice to show cause that issued to the appellant, Jerry D. Eaton, for his failure to diligently prosecute this appeal by not paying the required filing fee or filing a motion to proceed in forma pauperis, and for not filing his opening brief and appendix. Eaton has failed to respond to the notice to show cause within the required ten day period. As a result, the 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 is DISMISSED. BY THE COURT: /s/ Henry duPont Ridgely Justice

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