Fields v. State

• Court: Supreme Court of Delaware
• Decided: March 26, 2024
• Docket: 486, 2023
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

ZYKEEM FIELDS, § § Defendant Below, § No. 486, 2023 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 2210000693 (N) § Appellee. §

Submitted: March 12, 2024 Decided: March 26, 2024

ORDER

On December 27, 2023, the appellant, Zykeem Fields, filed a notice of appeal

from a Superior Court order denying his second motion for sentence modification.

After Fields submitted an incomplete motion to proceed in forma pauperis, the

Clerk’s Office advised Fields to file a completed motion by February 20, 2024.

Fields did not file a completed motion or pay the filing fee. He also failed to file an

opening brief. On February 23, 2024, the Clerk’s Office issued a notice, by certified

mail, directing Fields to show cause why this appeal should not be dismissed for his

failure to filed a completed motion to proceed in forma pauperis or to pay the filing

fee. Postal records show that the notice to show cause was delivered by February

29, 2024. A timely response to the notice to show cause was due by March 11, 2024.

To date, Fields has not responded to the notice to show cause, submitted a complete motion to proceed in forma pauperis, or paid the filing fee. Dismissal of this appeal

is therefore deemed to be unopposed.

NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 3(b)(2)

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

BY THE COURT:

/s/ Karen L. Valihura Justice