Summary
The Delaware Supreme Court issued an order dismissing Tyrone Floyd’s appeal after he failed to pay the required filing fee, file a motion to proceed in forma pauperis, or respond to a court notice to show cause. The court noted that Floyd received the notice and missed the November 25 deadline, rendering the dismissal unopposed. Consequently, the appeal was dismissed pursuant to Supreme Court Rules 3(b)(2) and 29(b).
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed under Delaware Supreme Court Rules 3(b)(2) and 29(b) because the appellant failed to pay the filing fee, failed to file a motion to proceed in forma pauperis, and failed to respond to the notice to show cause.
Holdings
- An appeal may be dismissed when the appellant fails to pay the Supreme Court filing fee, fails to file a motion to proceed in forma pauperis, and fails to respond to a notice to show cause addressing those failures.
Key quotations
“To date, Floyd has not paid the Supreme Court filing fee, filed a motion to proceed in forma pauperis, or responded to the notice to show cause. Dismissal of this action is therefore deemed to be unopposed.” (at 2)
Factual background
The appeal involved a criminal matter arising from the Delaware Superior Court. The Supreme Court required the appellant to pay the appellate filing fee or seek leave to proceed in forma pauperis. Despite receiving a show-cause notice, the appellant did neither and did not respond by the deadline.
Procedural history
The appeal was pending in the Supreme Court of Delaware when the Chief Deputy Clerk sent Floyd a certified notice on November 8, 2024, requiring him to show cause by November 25, 2024, why the appeal should not be dismissed. Floyd received the notice but did not pay the filing fee, file an in forma pauperis motion, or respond. The Supreme Court dismissed the appeal as unopposed.