Background
Amanda Grusenmeyer appealed the Delaware Superior Court’s June 8, 2026 order denying her petition for a writ of habeas corpus. She filed her notice of appeal on June 22, 2026.
On July 31, Grusenmeyer submitted an incomplete motion to proceed in forma pauperis in the Delaware Supreme Court. After she failed to submit a completed motion by the Court’s August 17 deadline, the Chief Deputy Clerk issued a notice to show cause. The initial notice was returned as undeliverable; it was resent to an updated Department of Correction address and received on September 28.
The Court’s Holding
The Delaware Supreme Court dismissed the appeal under Supreme Court Rules 3(b)(2) and 29(b). Grusenmeyer neither filed a completed in forma pauperis motion nor responded to the show-cause notice after receiving it.
The Court deemed dismissal unopposed because Grusenmeyer did not cure the filing deficiency or otherwise respond.
Key Takeaways
- An appellant seeking to proceed in forma pauperis must submit a completed motion.
- Failure to comply with a deadline and a subsequent show-cause notice can result in dismissal.
- The Court may treat dismissal as unopposed when the appellant does not respond after notice is received.
Why It Matters
The order illustrates that an appeal may be dismissed on procedural grounds without reaching the merits when an appellant fails to complete required fee-waiver filings or respond to court directives.