Background
Joshua Pulliam appealed from proceedings in the Delaware Superior Court. On June 23, 2026, the Delaware Supreme Court Clerk’s office directed him to file an official Form A, apply in Superior Court for transcript preparation if applicable, and either pay the filing fee or submit a motion and affidavit to proceed in forma pauperis. The deadline was later extended to July 24, 2026.
After Pulliam submitted an incomplete in forma pauperis motion and affidavit, the Clerk’s office instructed him to provide completed documents by the extended deadline. The office subsequently warned that a notice to show cause would issue unless he paid the fee or filed complete documents by August 12. On August 20, the Clerk issued a notice to show cause concerning Pulliam’s failure to submit both the completed in forma pauperis materials and Official Form A. The notice was delivered by August 27, but Pulliam did not respond.
The Court’s Holding
The Delaware Supreme Court dismissed Pulliam’s appeal under Supreme Court Rules 3(b)(2) and 29(b). Because Pulliam did not respond to the notice to show cause, the court deemed dismissal unopposed.
The order rests on Pulliam’s failure to comply with the Clerk’s filing instructions and his failure to respond after receiving the show-cause notice. The court did not address the merits of his underlying criminal case.
Key Takeaways
- An appellant must comply with the Delaware Supreme Court Clerk’s filing instructions, including submitting Official Form A and resolving the filing-fee requirement.
- An incomplete motion and affidavit to proceed in forma pauperis did not satisfy the Clerk’s directive.
- Failure to respond to a delivered notice to show cause resulted in dismissal being treated as unopposed and the appeal being dismissed.
Why It Matters
The order underscores that failure to complete threshold appellate filings can end an appeal before any merits review. Appellants seeking fee waivers must submit complete papers and respond promptly to Clerk’s office notices and show-cause orders.