Burton v. Torrance

IN THE SUPREME COURT OF THE STATE OF DELAWARE CHERYL BURTON, §

§ No. 364, 2023 Defendant Below, § Appellant, § Court Below—Superior Court

§ of the State of Delaware v. §

§ C.A. No. N23C-05-220 KYLE TORRANCE, §

§ Plaintiff Below, § Appellee. §

Submitted: December 18, 2023 Decided: December 28, 2023 ORDER

On November 6, 2023, the Chief Deputy Clerk issued a notice, by certified mail to the address provided by the appellant, directing the appellant to show cause why this appeal should not be dismissed for her failure to pay the Supreme Court filing fee or file an amended motion to proceed in forma pauperis by the November 2, 2023 deadline set by the Clerk’s Office.1 On November 20, 2023, the notice to show cause was returned to the Court in an envelope marked “return to sender, attempted—not known, unable to forward.”

On November 27, 2023, the Chief Deputy Clerk issued a notice, by certified mail to an address provided by the Prothonotary for the appellant, directing the appellant to show cause why this appeal should not be dismissed for her failure to pay the Supreme Court filing fee or file a motion to proceed in forma pauperis. On December 20, 2023, the notice to show cause was returned to the Court in an envelope marked “return to sender, attempted—not known, unable to forward.” To date, the appellant has not provided a current mailing address to the Court, has not responded to the notice to show cause, and has not paid the filing fee or filed a complete motion to proceed in forma pauperis. Under these circumstances, dismissal of the appeal is deemed to be unopposed.

NOW, THEREFORE, IT IS ORDERED that this appeal is DISMISSED under Supreme Court Rules 3(b)(2) and 29(b).

BY THE COURT:

/s/ Abigail M. LeGrow

Justice