Matter of Carter

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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF PHILLIP CARTER FOR A WRIT OF MANDAMUS. § § § § § § § No. 342, 2003 Court Below: Superior Court of the State of Delaware, in and for Kent County in Cr.A. No. IK02-10-0493; Cr. ID No. 0209013520 ORDER This 27th day of October 2003, it appears to the Court that: (1) On September 16, 2003, the Assistant Clerk issued a notice directing the petitioner to show cause why his petition for a writ of mandamus should not be dismissed as moot on the basis of the Superior Court s modified sentencing order of July 16, 2003. The notice to show cause was returned to the Clerk s Office marked undeliverable as addressed. The notice was re-issued to the petitioner on October 1, 2003. (2) The petitioner has failed to respond to the re-issued notice to show cause within the required ten-day period. As a result, dismissal of this matter is deemed to be unopposed. NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to Supreme Court Rules 3(b) and 29(b), that the within petition for a writ of mandamus is DISMISSED. BY THE COURT: /s/ Carolyn Berger Justice

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