Burton v. Torrance ( 2023 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
CHERYL BURTON, §
§ No. 364, 2023
Defendant Below, §
Appellant, § Court Below—Superior Court
§ of the State of Delaware
v. §
§ C.A. No. N23C-05-220
KYLE TORRANCE, §
§
Plaintiff Below, §
Appellee. §
Submitted: December 18, 2023
Decided: December 28, 2023
ORDER
On November 6, 2023, the Chief Deputy Clerk issued a notice, by certified
mail to the address provided by the appellant, directing the appellant to show cause
why this appeal should not be dismissed for her failure to pay the Supreme Court
filing fee or file an amended motion to proceed in forma pauperis by the November
2, 2023 deadline set by the Clerk’s Office.1 On November 20, 2023, the notice to
show cause was returned to the Court in an envelope marked “return to sender,
attempted—not known, unable to forward.”
1
The appellant filed a motion to proceed in forma pauperis on September 29, 2023, but the motion
was incomplete and was returned to the appellant with instructions to complete specific sections
of the motion by October 17, 2023. The appellant did not file an amended motion or otherwise
respond to the Court.
On November 27, 2023, the Chief Deputy Clerk issued a notice, by certified
mail to an address provided by the Prothonotary for the appellant, directing the
appellant to show cause why this appeal should not be dismissed for her failure to
pay the Supreme Court filing fee or file a motion to proceed in forma pauperis. On
December 20, 2023, the notice to show cause was returned to the Court in an
envelope marked “return to sender, attempted—not known, unable to forward.” To
date, the appellant has not provided a current mailing address to the Court, has not
responded to the notice to show cause, and has not paid the filing fee or filed a
complete motion to proceed in forma pauperis. Under these circumstances,
dismissal of the appeal is 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