
    
      Friday, February 2, 2001
    
    MOTION DOCKET
    00-2339.
    State v. Avery.
   This cause is pending before the court as a discretionary appeal and claimed appeal as of right. On January 10, 2001, appellee filed a memo opposing motion for delayed appeal that was due, under S.Ct.Prac.R. XIV(4)(B), no later than January 8, 2001. Whereas S.Ct.Prac.R. XIV(1)(C) prohibits untimely filings,

IT IS ORDERED by the court, sua sponte, that the memo opposing motion for delayed appeal be, and hereby is, stricken.  