In the Matter of the Petition of Eric Bernard Simmons: Simmons Trustee of Eric Bernard Simmons Trust for a Writ of Mandamus ( 2022 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
IN THE MATTER OF THE §
PETITION OF ERIC BERNARD § No. 378, 2022
SIMMONS: SIMMONS TRUSTEE §
OF ERIC BERNARD SIMMONS §
TRUST FOR A WRIT OF §
MANDAMUS §
Submitted: November 28, 2022
Decided: December 13, 2022
ORDER
It appears to the Court that, on October 12, 2022, the Senior Court Clerk
directed the petitioner to pay the filing fee or file a completed motion to proceed in
forma pauperis by October 27, 2022. On October 21, 2022, the petitioner filed an
incomplete motion to proceed in forma pauperis that did not include a certified
statement of his inmate account. The petitioner indicated that he was not an inmate,
even though he stated in his petition for a writ of mandamus that he (i) was
unlawfully confined in Sussex Correctional Institution, (ii) identified Sussex
Correctional Institution as his address, and (iii) sought release from the Department
of Correction. On October 24, 2022, the Chief Deputy Clerk advised the petitioner
to file a completed motion to proceed in forma pauperis, including a certified
statement of his inmate account. On November 14, 2022, the petitioner again filed
a motion to proceed in forma pauperis claiming he was not an inmate and failing to
include an inmate account statement.
On November 15, 2022, the Chief Deputy Clerk issued a notice, by certified
mail, directing the petitioner to show cause why his petition should not be dismissed
for his failure to pay the filing fee or file a motion to proceed in forma pauperis with
an inmate account statement Postal records show that the notice to show cause was
delivered on November 17, 2022. A timely response to the notice to show cause
was due by November 28, 2022.1 To date, the petitioner has not paid the Supreme
Court filing fee, filed a motion to proceed in forma pauperis, or responded to the
notice to show cause. Dismissal of this petition 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/ Gary F. Traynor
Justice
1
Del. Supr. Ct. R. 11(a) (providing that if the last day of the time period prescribed by the Rules
falls on the weekend or a holiday then the time period runs until the end of the next day the Clerk’s
office is open).
2