Potter v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JESSE POTTER, § § § § § § § § § § § Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 465, 2013 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 1206005008 Submitted: November 20, 2013 Decided: December 3, 2013 ORDER This 3rd day of December 2013, it appears to the Court that, on November 4, 2013, 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 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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