Stevens v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE KEVIN E. STEVENS, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 574, 2010 Court Below Superior Court of the State of Delaware in and for Kent County Cr. ID No. 0808014362 Submitted: December 10, 2010 Decided: December 14, 2010 ORDER This 14th day of December 2010, the Court has considered the notice to show cause issued to the appellant, Kevin E. Stevens, for his failure to file the opening brief that was due to be filed on or before November 17, 2010. It appears to the Court that the notice to show cause was mailed to Stevens on December 1, 2010 by certified mail and by regular mail on December 7, 2010. Both envelopes were returned by the post office marked attempted not known. Because Stevens has failed to diligently prosecute the appeal by not filing the opening brief and has failed to provide the Court with his current address, dismissal of this action is deemed to be unopposed. NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 3(b)(2) and 29(b), that the appeal is DISMISSED. BY THE COURT: /s/ Carolyn Berger Justice

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