Carter v. State ( 2023 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
JERMAINE CARTER, §
§
Defendant Below, § No. 403, 2022
Appellant, §
§ Court Below—Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § Cr. ID No. 1708010942 (N)
§
Appellee. §
Submitted: January 3, 2023
Decided: January 18, 2023
ORDER
On October 26, 2022, the appellant, Jermaine Carter, filed a notice of appeal
from the Superior Court’s denial of his motion for postconviction relief under
Superior Court Criminal Rule 61. The Senior Court Clerk directed Carter to pay the
filing fee or file a motion to proceed in forma pauperis by November 10, 2022.
Carter did not pay the filing fee or file a motion to proceed in forma pauperis. On
December 20, 2022, the Senior Court Clerk issued a notice, by certified mail,
directing Carter to show cause why this appeal should not be dismissed for his failure
to pay the filing fee or file a motion to proceed in forma pauperis. Postal records
show delivery of the notice to show cause on December 22, 2022. A timely response
to the notice to show cause was due on or before January 3, 2023. To date, Carter
has not responded to the notice to show cause, paid the filing fee, or filed a motion
to proceed in forma pauperis. 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
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