Opinion
I.D. No. 0904002027
04-20-2015
Re: Jason J. Collins v. State of Delaware
WILLIAM L. WITHAM, JR. RESIDENT JUDGE Mr. Jason J. Collins - Inmate
James T. Vaughn Correctional Center
1181 Paddock Road
Smyrna, Delaware 19977
C.A. No. K15M-04-001 WLW
Letter Order upon Defendant's Writ of Mandamus
Dear Mr. Collins:
The Court has reviewed your Affidavit in Support of Application to Proceed In Forma Pauperis, as well as your Motion for Writ of Mandamus. Your application to proceed in forma pauperis is granted .
The issues you raise were previously raised in your Petition for Writ of Habeas Corpus filed on March 6, 2015, and denied on March 10, 2015.
The Court notes that a writ of mandamus is designed to compel a court to preform a duty if it is shown that: the complainant has a clear right to the performance of the duty; that no other adequate remedy is available; and that the trial court has arbitrarily failed or refused to perform its duty. Mandamus will not lie to challenge the performance of a discretionary act. Clearly, this writ is not appropriate for the relief requested, and is DENIED.
In re Bordley, Del. Supr., 545 A2d 619, 620 (1988).
In re Marvel, 2003 WL 1442466 (Del. Mar. 19, 2003).
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I will treat this filing as a Superior Court Rule 35 review of sentence for additional Level V credit time. The Court has examined this and it appears that you have been given all credit for which you are entitled. You have a number of sentences involved with all Level V time correctly given, including Level V credit for all wait times. Therefore, no Rule 35 relief may be given.
IT IS SO ORDERED.
/s/_________
Hon. William L. Witham, Jr.
Resident Judge
WLW/dmh
oc: Prothonotary
xc: Department of Justice
Office of the Public Defender
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