In the Matter of the Petition of Richard Cannon for a Writ of Mandamus

• Court: Supreme Court of Delaware
• Decided: November 13, 2023
• Docket: 339, 2023
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE MATTER OF THE § PETITION OF RICHARD § CANNON FOR A WRIT OF § No. 339, 2023 MANDAMUS § § Cr. ID Nos. 87K00539DI § 87K01070DI

Submitted: November 6, 2023 Decided: November 13, 2023

ORDER

On September 19 and October 6, 2023, the Clerk’s office sent the petitioner

correspondence directing him to pay the filing fee or to file a motion and affidavit

to proceed in forma pauperis or a notice to show cause would issue. On October 24,

2023, the Chief Deputy Clerk issued a notice, sent by certified mail, directing the

petitioner to show cause why the Court should not dismiss the action for the

petitioner’s failure to diligently prosecute the matter by either paying the Supreme

Court filing fee or filing a motion to proceed in forma pauperis. The notice to show

cause directed the petitioner to respond within ten days and advised that if the

petitioner did not respond, dismissal of the action would be deemed to be unopposed.

On November 1, 2023, the Clerk’s office received the certified mail receipt showing

that the notice to show cause had been delivered on October 25, 2023. The petitioner

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 action is DISMISSED.

BY THE COURT:

/s/ Gary F. Traynor Justice