DARRELL KEITH WILSON SR v. SHAMMAH CONSULTANTS INC (2023)

Upon consideration of pro se Petitioner's Response to Respondent Opustone LLC's Motion to Dismiss, and pro se Petitioner's incorporated “Motion for Leave to Amend Petitioner's Initial Brief,” the Response is noted, and the untimely Motion to Amend the Initial Brief is hereby denied.

Pro se Petitioner filed a Notice of Appeal on October 18, 2022, and no order was attached. On October 19, 2022, pro se Petitioner was ordered to file the order on appeal and pay the filing fee. On October 20, 2022, upon review of the order on appeal, the appeal was treated as a petition for writ of prohibition, and pro se Petitioner was ordered to file the petition with a supporting appendix within twenty (20) days. On November 17, 2022, an untimely Motion for Extension of Time was filed and granted by way of a November 21, 2022, Order, which ordered pro se Petitioner to file the petition and supporting appendix by December 15, 2022, with no further extensions allowed, and warned that failure to file the petition as ordered may result in dismissal of the petition.

Following the expiration of the time within which pro se Petitioner was to file the petition and supporting appendix, and noting that as of this date, no petition, or initial brief, to which pro se Petitioner refers in his Motion, has been filed, despite being ordered to do so, with a warning that failure to file the petition may result in dismissal, the petition is hereby dismissed, and the untimely Motion for Extension of Time is hereby denied.

Respondent Opustone LLC's Motion to Dismiss is hereby moot.

FERNANDEZ, C.J., and LINDSEY and LOBREE, JJ., concur.