Jefferson v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE GARY E. JEFFERSON, § § § § § § § § § § § Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. No. 237, 2009 Court Below Superior Court of the State of Delaware in and for Sussex County Cr. ID No. 0604018844 Submitted: August 31, 2009 Decided: September 4, 2009 ORDER This 4th day of September 2009, it appears to the Court that, on August 18, 2009, after issuing a brief delinquency notice on August 5, 2009, the Clerk of the Court issued a notice to show cause why this appeal should not be dismissed pursuant to Supreme Court Rule 29(b) for the appellant s failure to diligently prosecute the appeal by not filing his opening brief and appendix. The appellant has failed to respond to the notice to show cause within the required ten-day period. Therefore, dismissal of the appeal is deemed to be unopposed. 1 NOW, THEREFORE, IT IS 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 2

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