Opinion
No. 88, 2002.
Submitted: April 3, 2002.
Decided: April 24, 2002.
Court Below: Court of Chancery of the State of Delaware, in and for New Castle County, C.A. No. 19047
Appeal Dismissed.
Unpublished Opinion is below.
AUTREY J. LOCKLEAR, Plaintiff Below-Appellant, v. WILLIAM REMINGTON, Director of Revenue for the State of Delaware, Defendant Below-Appellee. No. 88, 2002 In the Supreme Court of the State of Delaware. Submitted: April 3, 2002 Decided: April 24, 2002
Before WALSH, HOLLAND and BERGER, Justices.
RANDY J. HOLLAND, Justice:
ORDER
This 24th day of April 2002, it appears to the Court that:
(1) On March 19, 2002, a Notice to Show Cause was issued to Autrey Locklear directing him to show cause why his appeal should not be dismissed, pursuant to Supreme Court Rule 29(b), for his failure to diligently prosecute the appeal by failing to pay the Court of Chancery and Supreme Court filing fees. Locklear responded to the Notice to Show Cause on April 3, 2002.
(2) Locklear's response attempts to reargue the Court's order, dated March 5, 2002, denying Locklear's motion to proceed in forma pauperis. The Court's single-Justice order denying Locklear's in forma pauperis motion is not subject to reargument.
(3) Locklear filed the appeal in this Court. It therefore is his duty to diligently prosecute the appeal, including payment of the filing fees. In light of Locklear's failure to diligently prosecute the appeal by not paying the filing fees, the dismissal of this action is appropriate pursuant to Supreme Court Rule 29(b).
NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that the appeal is DISMISSED.