Opinion
File No.: 0801031784
08-27-2012
State of Delaware v. David J. Buchanan
JUDGE
SUSSEX COUNTY COURTHOUSE
N440
David J. Buchanan
SBI # 002
Sussex Correctional Institution
P.O. Box 500
Georgetown, DE 19947
Dear Mr. Buchanan:
This letter addresses your motion to proceed in forma pauperis on a petition for a writ of certiorari.
Your in forma pauperis motion is dismissed. You have not provided a certified summary of your inmate account or the accompanying affidavit. Title 10 Del.C. §8802(b) and §8804(a). As shown in your motion, you are aware of the procedural requirements for bringing court actions without paying costs, but have chosen to ignore them. Your motion is both factually and legally frivolous, wasting judicial resources.
Your proposed writ of certiorari raises issues related to the GPS device that was installed in your vehicle by order of this Court. This issue has been thoroughly explored and decided against you, and you offer nothing to change that outcome. Certiorari review is unavailable because there are no irregularities on the face of the record. American Funding Services v. State, 41 A.3d 711, 714 (Del.2012).
You also allege errors in the Family Court proceedings regarding property division and the PFA order prohibiting you from entering your marital dwelling. These issues have also been explored and resolved against you. There are no errors on the face of the record for certiorari review.
If a litigant seeking to proceed in court without paying costs files a frivolous or malicious complaint, he may be enjoined from filing future claims without leave of court. 10 Del.C. § 8803. I find that your complaint for certiorari review is both legally and factually frivolous. Any further claims you file must be accompanied by an affidavit that meets the five statutory requirements. 10 Del.C. § 8803(e).
Your motion to proceed in forma pauperis is DISMISSED.
YOU ARE ENJOINED FROM FILING FURTHER SUCH MOTIONS EXCEPT BY LEAVE OF COURT AS SET FORTH IN 10 DEL.C. § 8803(e).
IT IS SO ORDERED.
Very truly yours,
Richard F. Stokes cc: Prothonotary
Department of Justice