Drummond v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE ALVIN L. DRUMMOND, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 92, 2007 Court Below Superior Court of the State of Delaware in and for Sussex County Cr. ID No. 0111006853-R2 ORDER This 29th day of March 2007, it appears to the Court that: (1) This is an appeal from the Superior Court s January 12, 2007 order denying Alvin L. Drummond s second motion for postconviction relief pursuant to Superior Court Criminal Rule 61. On February 23, 2007, the Clerk of this Court issued a notice to show cause why the appeal should not be dismissed pursuant to Supreme Court Rule 29(b) for Drummond s failure to file the appeal within 30 days after the entry of the Superior Court s order upon the docket, as required by Supreme Court Rule 6. (2) The record reflects that Drummond received a certified copy of the notice to show cause on February 27, 2007, at the Delaware Correctional Center, his last known address. Drummond has failed to respond to the notice to show cause within the required ten day period. Dismissal of this action is, therefore, deemed to be unopposed.1 NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 3(b) (2) and 29(b), that the within appeal is DISMISSED. BY THE COURT: /s/ Carolyn Berger Justice 1 Supr. Ct. R. 3(b) (2) and 29(b). 2
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