Sutton Jr. Dean v. Brian Emig, Warden, J.T.V.C.C.

IN THE SUPREME COURT OF THE STATE OF DELAWARE

DEAN SUTTON JR., §
§ No. 288, 2025
Petitioner Below, §
Appellant, § Court Below–Superior Court
§ of the State of Delaware
v. §
§ C.A. No. N25M-05-079
BRIAN EMIG, WARDEN, §
J.T.V.C.C., §
§
Respondent Below, §
Appellee. §

Submitted: November 7, 2025
Decided: November 13, 2025

ORDER

On October 6, 2025, the Chief Deputy Clerk sent a notice of brief delinquency

to the appellant, Dean Sutton Jr., because he had not filed an opening brief by the

October 2, 2025 deadline set by the Court. On October 17, 2025, the Chief Deputy

Clerk issued a notice, sent by certified mail, to Sutton directing him to show cause

why this appeal should not be dismissed for his failure to file an opening brief.

Sutton received the notice on October 27, 2025. A timely response to the notice was

due on or before November 6, 2025. To date, Sutton has neither responded to the

notice to show cause nor filed an opening brief. Dismissal of this appeal is therefore

deemed to be unopposed.
NOW, THEREFORE, IT IS ORDERED that this appeal be DISMISSED

under Supreme Court Rules 3(b)(2) and 29(b).

BY THE COURT:

/s/ Karen L. Valihura
Justice

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