Reinhart v. State

• Court: Supreme Court of Delaware
• Decided: January 30, 2024
• Docket: 448, 2023
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

CURTIS W. REINHART, § § Defendant Below, § No. 448, 2023 Appellant, § § Court Below: Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID Nos. S1910000228 § S1906008682 Appellee. § S1912019439 § S2009014697 § S2002016361

Submitted: January 23, 2024 Decided: January 30, 2024

ORDER

(1) The appellant filed this appeal from a Superior Court violation of

probation sentence order dated November 2, 2023. 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 December 20, 2023. On December 21, 2023, 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 January 4, 2024,

or a notice to show cause would issue.

(2) On January 8, 2024, the Chief Deputy Clerk issued a notice, 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 January 12, 2024, the Court received the certified-mail receipt

indicating that the notice had been delivered.

(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