Fatir v. Dematteis ( 2021 )


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  •          IN THE SUPREME COURT OF THE STATE OF DELAWARE
    AMIR FATIR,                             §
    §   No. 238, 2021
    Petitioner Below,                 §
    Appellant,                        §
    §
    v.                                §   Court Below–Superior Court
    §   of the State of Delaware
    CLAIRE DEMATTEIS,                       §
    COMMISSIONER, D.O.C.,                   §   C.A. No. N21M-03-098
    §
    Respondent Below,                 §
    Appellee.                         §
    Submitted: August 13, 2021
    Decided: September 8, 2021
    ORDER
    On July 28, 2021, the appellant, Amir Fatir, filed a notice of appeal from the
    Superior Court’s March 22, 2021 order denying his petition for a writ of habeas
    corpus. Under Supreme Court Rule 6, a timely notice of appeal should have been
    filed on or before April 21, 2021. On July 28, 2021, the Chief Deputy Clerk issued,
    by certified mail, a notice directing Fatir to show cause why his appeal should not
    be dismissed as untimely filed. Fatir received the notice to show cause as evidenced
    by the undated return receipt that was filed with the Court on August 2, 2021. A
    timely response to the notice to show cause was due on or before August 12, 2021.
    To date, Fatir has not responded to the notice to show cause. Dismissal of the appeal
    is therefore deemed to be unopposed.
    NOW, THEREFORE, IT IS HEREBY ORDERED, under Supreme Court
    Rules 3(b)(2) and 29(b), that the appeal is DISMISSED.
    BY THE COURT:
    /s/ James T. Vaughn, Jr.
    Justice
    2
    

Document Info

Docket Number: 238, 2021

Judges: Vaughn, J.

Filed Date: 9/8/2021

Precedential Status: Precedential

Modified Date: 9/9/2021