Mazin v. Delaware Dept. of Health & Social Services
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IN THE SUPREME COURT OF THE STATE OF DELAWARE § § § Plaintiff Below§ Appellant, § § v. § DELAWARE DEPARTMENT OF § HEALTH & SOCIAL SERVICES § § and MR. STEINBERG, § § Defendants Below§ Appellees. MIKHAIL MAZIN, No. 533, 2006 Court Below Superior Court of the State of Delaware in and for New Castle County C.A. No. 06A-08-001 Submitted: November 8, 2006 Decided: December 12, 2006 Before BERGER, JACOBS and RIDGELY, Justices. ORDER This 12th day of December 2006, upon consideration of the appellant s untimely notice of appeal,1 the notice to show cause issued by the Clerk, and the appellant s response thereto, it appears that the appellant s failure to timely file his appeal is not attributable to court-related personnel.2 Accordingly, this Court does not have jurisdiction to hear this untimely appeal. 1 The appellant filed his appeal from the Superior Court s August 29, 2006 order on September 29, 2006, which was one day late. Supr. Ct. R. 6. 2 Bey v. State, 402 A.2d 362, 363 (Del. 1979). The appellant s November 4, 2006 letter in response to the notice to show cause appears to attribute his late filing to his pro se status rather than to the actions of court-related personnel. NOW, THEREFORE, IT IS ORDERED that, pursuant to Supreme Court Rules 6 and 29(b), the within appeal is DISMISSED. BY THE COURT: /s/ Jack B. Jacobs Justice 2
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