Cobb v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE CHARLES COBB, Petitioner Below, Appellant, v. STATE OF DELAWARE, Respondent Below, Appellee. § § § § § § § § § § § No. 490, 2014 Court Below Superior Court of the State of Delaware in and for New Castle County C.A. No. N14M-06-016 Submitted: October 9, 2014 Decided: October 13, 2014 ORDER This 13th day of October 2014, it appears to the Court that: (1) The appellant, Charles Cobb, filed this appeal from the Superior Court s order of August 4, 2014, denying his petition for a writ of habeas corpus. On September 25, 2014, the appellee, State of Delaware, filed a motion to dismiss the appeal as moot.1 (2) Cobb has not responded to the State s motion to dismiss. Under the Supreme Court Rules, Cobb s failure to respond to the motion is deemed to be his consent to the dismissal of the appeal.2 1 2 See Del. Supr. Ct. R. 29(b), 30(d) (providing for dismissal of appeal upon motion by a party). See Del. Supr. Ct. R. 3(b)(2), 30(c) (providing that a party s failure to respond to a motion to dismiss is deemed to be the party s consent to dismissal). NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 3(b)(2), 29(b) and 30(b), (c), that the appeal is DISMISSED. BY THE COURT: /s/ Henry duPont Ridgely Justice 2
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