Spivey v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE CHARLES D. SPIVEY, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 159, 2011 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID No. 0606002895 Submitted: June 30, 2011 Decided: July 5, 2011 ORDER This 5th day of July 2011, it appears to the Court that: (1) By notice issued on June 8, 2011, the Clerk directed the pro se appellant, Charles D. Spivey, to show cause why this appeal should not be dismissed for failure to file the opening brief. The notice to show cause was returned marked return to sender and [inmate] released. (2) On June 15, 2011, the Clerk mailed the notice to show cause to Spivey at an address provided by a records coordinator for the Department of Correction. Spivey has not responded to the notice to show cause and has not filed the opening brief and appendix. Under these circumstances, the dismissal of Spivey s appeal is deemed to be unopposed. NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 3(b) and 29(b), that the appeal is DISMISSED. BY THE COURT: /s/ Jack B. Jacobs Justice

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