Feliciano v. State ( 2024 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
MICHAEL FELICIANO, §
§
Defendant Below, § No. 174, 2024
Appellant, §
§ Court Below: Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § Cr. ID No. 89000046DI (N)
§
Appellee. §
Submitted: June 11, 2024
Decided: June 17, 2024
ORDER
(1) On April 25, 2024, the appellant filed this appeal from a Superior Court
order denying a successive motion for postconviction relief. 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 May 10, 2024. On May 14, 2024, 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 May 28, 2024, or
a notice to show cause would issue.
(2) On May 30, 2024, the Chief Deputy Clerk issued a notice, sent 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 June 3, 2024, the Court received the certified-mail
receipt indicating that the notice had been delivered on May 31, 2024.
(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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