Ellerbe v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE ROGER ELLERBE, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 451, 2008 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 0009022190 ORDER This 21st day of April 2009, it appears to the Court that, on March 19, 2009, the Clerk issued a notice to appellant to show cause why the appeal should not be dismissed pursuant to Supreme Court Rule 29(b) for appellant's failure to diligently prosecute his appeal by not filing his opening brief and appendix in this matter. Appellant has failed to respond to the notice to show cause within the required tenday period; therefore, dismissal of this action is deemed to be unopposed. NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to Supreme Court Rules 3(b) and 29(b), that the within appeal is DISMISSED. BY THE COURT: /s/ Randy J. Holland Justice

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