Reinhart v. State ( 2024 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
CURTIS W. REINHART, §
§
Defendant Below, § No. 448, 2023
Appellant, §
§ Court Below: Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § Cr. ID Nos. S1910000228
§ S1906008682
Appellee. § S1912019439
§ S2009014697
§ S2002016361
Submitted: January 23, 2024
Decided: January 30, 2024
ORDER
(1) The appellant filed this appeal from a Superior Court violation of
probation sentence order dated November 2, 2023. The Senior Court Clerk sent the
appellant a letter directing him to pay the filing fee or to file a motion and affidavit
to proceed in forma pauperis by December 20, 2023. On December 21, 2023, the
Chief Deputy Clerk sent another letter directing the appellant to either file a motion
and affidavit to proceed in forma pauperis or pay the filing fee by January 4, 2024,
or a notice to show cause would issue.
(2) On January 8, 2024, the Chief Deputy Clerk issued a notice, by certified
mail, directing the appellant to show cause why the Court should not dismiss the
appeal for the appellant’s failure to diligently prosecute the appeal by either paying
the Supreme Court filing fee or filing a motion to proceed in forma pauperis. The
notice to show cause directed the appellant to respond within ten days and advised
that if the appellant did not respond, dismissal of the appeal would be deemed to be
unopposed. On January 12, 2024, the Court received the certified-mail receipt
indicating that the notice had been delivered.
(3) The appellant having failed to respond to the notice to show cause
within the required ten-day period, dismissal of this action is deemed to be
unopposed.
NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 3(b)
and 29(b), that the appeal is DISMISSED.
BY THE COURT:
/s/ N. Christopher Griffiths
Justice
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