Morris v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE DEXTER L. MORRIS, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 199, 2001 Court Below Superior Court of the State of Delaware, in and for New Castle County C.A. No. 01M-02-089 Submitted: October 2, 2001 Decided: October 10, 2001 Before WALSH, HOLLAND and STEELE, Justices ORDER This 10th day of October 2001, it appears to the Court that: (1) The defendant-appellant, Dexter L. Morris, filed an appeal in this Court on June 15, 2001. On August 16, 2001, the Clerk issued a notice to show cause why the appeal should not be dismissed on the ground of mootness.1 On August 23, 2001, the notice to show cause was returned by the post office to the Clerk s office marked Inmate Released. On that date, the notice was re-mailed to Morris via certified mail to an address obtained from the Department of 1 Supr. Ct. R. 29(b). Correction. On September 19, 2001, the notice was returned by the post office to the Clerk s office marked Unclaimed. (2) Morris having failed to respond to the notice to show cause within the required 10-day period, dismissal of this action is deemed to be unopposed.2 NOW, THEREFORE , IT IS ORDERED that, pursuant to Supreme Court Rules 3(b) (2) and 29(b), the appeal is DISMISSED. BY THE COURT: /s/ Myron T. Steele___________________ Justice 2 Supr. Ct. R. 3(b) (2) and 29(b). 2

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