Martini v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE DALE A. MARTINI, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 269, 2012 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr. ID 0912006181 Submitted: August 27, 2012 Decided: August 28, 2012 ORDER This 28th day of August 2012, it appears to the Court that, on July 19, 2012 and again on August 14, 2012, the Clerk issued a notice to appellant to show cause why this appeal should not be dismissed for his failure to diligently prosecute the appeal by not filing his opening brief and appendix and by not paying his filing fee in this matter. The appellant has failed to respond to the notice to show cause within the required ten-day 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/ Carolyn Berger Justice

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