Webb v. Emig

• Court: Supreme Court of Delaware
• Decided: October 29, 2024
• Docket: 419, 2024
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

WILLIAM J. WEBB, JR., § § No. 419, 2024 Petitioner Below, § Appellant, § Court Below—Superior Court § of the State of Delaware v. § § C.A. No. N24M-08-098 BRIAN EMIG, WARDEN, STATE § OF DELAWARE, § § Respondent, § Appellee. §

Submitted: October 11, 2024 Decided: October 29, 2024

ORDER

On September 23, 2024, the appellant filed this appeal from a Superior Court

order, dated and docketed on August 20, 2024, denying his petition for a writ of

habeas corpus. A timely notice of appeal would have been filed by September 19,

2024.1 On September 25, 2024, the Senior Court Clerk issued a notice, by certified

mail, directing the appellant to show cause why this appeal should not be dismissed

for his failure to file a timely notice of appeal. Postal records show that the notice

to show cause was delivered on September 30, 2024. A timely response to the notice

1 Supr. Ct. R. 6(a)(i) (requiring the filing of a civil appeal within thirty days upon entry of the docket of the order appealed). to show cause was due by October 10, 2024.2 The appellant has not responded to

the notice to show cause. Dismissal of this appeal is therefore deemed to be

unopposed.

NOW, THEREFORE, IT IS ORDERED that this appeal is DISMISSED

under Supreme Court Rules 3(b)(2) and 29(b).

BY THE COURT:

/s/ Abigail M. LeGrow Justice

2 Supr. Ct. R. 29(b) (requiring a response to the notice to show cause within ten days of receipt of the notice). 2