Feliciano v. State

• Court: Supreme Court of Delaware
• Decided: June 17, 2024
• Docket: 174, 2024
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

MICHAEL FELICIANO, § § Defendant Below, § No. 174, 2024 Appellant, § § Court Below: Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 89000046DI (N) § Appellee. §

Submitted: June 11, 2024 Decided: June 17, 2024

ORDER

(1) On April 25, 2024, the appellant filed this appeal from a Superior Court

order denying a successive motion for postconviction relief. The Senior Court Clerk

sent the appellant a letter directing him to pay the filing fee or to file a motion and

affidavit to proceed in forma pauperis by May 10, 2024. On May 14, 2024, the

Chief Deputy Clerk sent another letter directing the appellant to either file a motion

and affidavit to proceed in forma pauperis or pay the filing fee by May 28, 2024, or

a notice to show cause would issue.

(2) On May 30, 2024, the Chief Deputy Clerk issued a notice, sent by

certified mail, directing the appellant to show cause why the Court should not

dismiss the appeal for the appellant’s failure to diligently prosecute the appeal by

either paying the Supreme Court filing fee or filing a motion to proceed in forma pauperis. The notice to show cause directed the appellant to respond within ten days

and advised that if the appellant did not respond, dismissal of the appeal would be

deemed to be unopposed. On June 3, 2024, the Court received the certified-mail

receipt indicating that the notice had been delivered on May 31, 2024.

(3) The appellant having failed to respond to the notice to show cause

within the required ten-day period, dismissal of this action is deemed to be

unopposed.

NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 3(b)

and 29(b), that the appeal is DISMISSED.

BY THE COURT:

/s/ N. Christopher Griffiths Justice