Randy J. Holland, Justice:
ORDER
This first day of July 2003, it appears to the Court that:
(1) On May 13, 2003, the Clerk of the Court issued a notice to the appellant, Joseph S. Wingate, directing him to show cause why this appeal should not be dismissed, pursuant to Supreme Court Rule 29(b), for his failure to diligently prosecute the appeal by not filing his opening brief and appendix. Wingate filed a response to the Notice to Show Cause on May 20, 2003.
(2) Wingate stated in his response that he did not know how to file a brief and appendix and that he did not have the time because of limited access to the prison law library. In reply, the Clerk's office sent Wingate a copy of the Court's booklet on filing an appeal and granted him an additional 30 days to file his brief. The Clerk informed Wingate that if he did not file his brief by June 19, 2003, the Court would dismiss his appeal without further notice. Wingate has not filed his brief.
(3) In light of Wingate's failure to diligently prosecute the appeal by not filing his opening brief and appendix, the dismissal of this action is deemed to be unopposed.
NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 3(b)(2) and 29(b), that the within appeal is DISMISSED.