Evans v. State

• Court: Supreme Court of Delaware
• Decided: March 17, 2023
• Docket: 472, 2022
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

AUGUSTUS EVANS JR., § § Defendant Below, § No. 472, 2022 Appellant, § § Court Below–Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 0609011528A § Appellee. § §

ORDER

This 17th day of March 2023, it appears to the Court that, on January 5, 2023,

the Court denied the appellant’s motion to proceed in forma pauperis. The appellant,

who was previously enjoined from challenging his criminal convictions in this Court

without first paying the required filing fee or obtaining leave of the Court,1 was

ordered to pay the required filing fee by January 20, 2023. The Court later granted

the appellant’s request for an extension of time to pay the filing fee and ordered him

to pay the filing fee no later than February 21, 2023. On February 22, 2023, the

Court granted appellant’s request for an extension of time to pay the filing fee and

ordered him to pay the filing fee no later than March 15, 2023. The appellant has

failed to pay the filing fee as ordered; therefore, dismissal of this action is deemed

to be unopposed.

1 Evans v. State, 2015 WL 7758307, at *2 (Del. Dec. 1, 2015). NOW, THEREFORE, IT IS HEREBY ORDERED, under Supreme Court

Rules 3(b)(2) and 29(b), that the within appeal is DISMISSED. The appellant’s

“imminent danger motion,” motion to disqualify Chief Justice Seitz, and motion for

an evidentiary hearing, are DENIED as MOOT.

BY THE COURT:

/s/ Gary F. Traynor Justice