IN THE SUPREME COURT OF THE STATE OF DELAWARE CLARENCE E. GIBBS, § § No. 173, 2024 Defendant Below, § Appellant, § Court Below—Superior Court § of the State of Delaware v. § § Cr. ID No. 2107007172 (S) STATE OF DELAWARE, § § Appellee. § Submitted: August 20, 2024 Decided: August 29, 2024 ORDER On August 6, 2024, the Chief Deputy Clerk issued a notice directing the appellant to show cause why this appeal should not be dismissed for his failure to file an opening brief and appendix by the filing deadline of July 3, 2024. Postal records show that the notice to show cause was delivered on August 8, 2024. A timely response to the notice to show cause was due by August 19, 2024. To date, the appellant has not filed an opening brief or responded to the notice to show cause.

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.

BY THE COURT: /s/ Karen L. Valihura Justice