Opinion
No. 472 2012.
2012-11-20
Donald J. OAKES, Petitioner Below–Appellant, v. DEPARTMENT OF CORRECTION RECORDS DEPARTMENT, Respondent Below–Appellee.
Court Below—Superior Court of the State of Delaware, in and for New Castle County, C.A. No. N12M–08–030.
ORDER
MYRON T. STEELE, Chief Justice.
This 20th day of November 2012, it appears to the Court that, on October 25, 2012, the Clerk issued a notice to appellant to show cause why this appeal should not be dismissed for his failure to diligently prosecute the appeal by not filing his opening brief and appendix in this matter. The appellant has failed to respond to the notice to show cause within the required ten-day period; therefore, dismissal of this action is deemed to be unopposed.
NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to Supreme Court Rules 3(b) and 29(b), that the within appeal is DISMISSED.