Summary
This Delaware Supreme Court order dismisses an appeal filed by Jessie Thomas following a Superior Court sentencing order for a violation of probation. The court notes that the appellant failed to respond to multiple directives to either pay the appellate filing fee or file a motion to proceed in forma pauperis by the established deadlines. Consequently, the court deemed the dismissal unopposed and ordered the appeal dismissed pursuant to Supreme Court Rules 3(b)(2) and 29(b).
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed for the appellant's failure to pay the filing fee or file a motion to proceed in forma pauperis.
Holdings
- The appeal is dismissed because the appellant failed to comply with the filing fee requirement or file a motion to proceed in forma pauperis, and the notice to show cause was unopposed.
Key quotations
“Dismissal of this appeal is therefore deemed to be unopposed. NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 3(b)(2) and 29(b), that this appeal is DISMISSED.” (at 1)
Factual background
Jessie Thomas was sentenced by the Superior Court for a violation of probation. The court required him to pay a filing fee or file a motion to proceed in forma pauperis. He failed to do either, received a notice to show cause, and did not respond.
Procedural history
The appellant appealed a Superior Court order sentencing him for a violation of probation. The clerk required payment of a filing fee or a motion to proceed in forma pauperis; the appellant failed to respond, a notice to show cause was issued, and no response was received, leading to dismissal of the appeal.