Black v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE DEAN BLACK, Petitioner BelowAppellant, v. STATE OF DELAWARE, Respondent BelowAppellee. § § § § § § § § § § § No. 419, 2009 Court Below Superior Court of the State of Delaware in and for New Castle County C.A. No. 09M-07-018 Submitted: November 2, 2009 Decided: November 6, 2009 ORDER This 6th day of November 2009, it appears to the Court that, on October 19, 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 10-day period. Therefore, dismissal of this action is deemed to be unopposed. 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/ Henry duPont Ridgely Justice

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