Berry v. State
This text of Berry v. State (Berry v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF THE STATE OF DELAWARE
STEVEN BERRY, § § Defendant Below, § No. 35, 2019 Appellant, § § Court Below–Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 1109007172 (K) § Plaintiff Below, § Appellee. § §
Submitted: March 21, 2019 Decided: April 2, 2019
ORDER
It appears to the Court that, on February 19, 2019, the Chief Deputy Clerk
issued a notice to show cause why this appeal should not be dismissed under
Supreme Court Rule 29(b) for the appellant’s failure to diligently prosecute his
appeal by not responding to the Clerk’s January 28, 2019, letter directing him to file
his motion to proceed in forma pauperis with notarization by February 12, 2019.
The appellant responded to the notice to show cause. The Clerk informed him that
the motion to show cause would be held in abeyance pending the receipt of his
corrected motion to proceed in forma pauperis on or before March 21, 2019.
Appellant failed to file his motion to proceed in forma pauperis with notarization on
or before March 21, 2019. Therefore, dismissal of this action is deemed unopposed. NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 3(b)(2)
and 29(b), that the appeal is DISMISSED.
BY THE COURT:
/s/ Collins J. Seitz, Jr. Justice
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