Owens v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE ANDRE OWENS, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 80, 2018 Court Below—Superior Court of the State of Delaware Cr. ID No. 1603002511 (K) Submitted: March 22, 2018 Decided: April 10, 2018 Before STRINE, Chief Justice; VALIHURA and VAUGHN, Justices. ORDER This 10th day of April 2018, upon consideration of the notice to show cause and the appellant’s response to the notice to show cause, it appears to the Court that: (1) On February 16, 2018, the appellant, Andre Owens, filed a notice of appeal from a February 5, 2018 Superior Court order sentencing him for a violation of probation. On February 19, 2018, the Senior Court Clerk advised Owens to pay the Supreme Court filing fee or file a motion to proceed in forma pauperis no later than March 6, 2018. Owens was warned that a notice to show cause would issue if the filing fee was not paid or a motion to proceed in forma pauperis was not filed by March 6, 2018. (2) Owens did not pay the filing fee or file a motion to proceed in forma pauperis by March 6, 2018. On March 7, 2018, the Chief Deputy Clerk issued a notice directing Owens to show cause why the appeal should not be dismissed for his failure to pay the filing fee or file a motion to proceed in forma pauperis. (3) In his response to the notice to show cause, Owens describes the delays in his filing of a motion to proceed in forma pauperis and states that he still would like to proceed with filing a motion to proceed in forma pauperis. Owens did not include a motion to proceed in forma pauperis with his notice to show cause and still has not filed one. In light of Owens’ failure to pay the filing fee or file a motion to proceed in forma pauperis, this appeal must be dismissed. NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 29(b), that this appeal is DISMISSED. BY THE COURT: /s/ Karen L. Valihura Justice 2

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