Opinion
I.D. No. 1004012625
05-21-2013
STATE OF DELAWARE v. KYAIR FULLMAN
Michael J. Hendee, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State. Kyair Fullman, James T. Vaughn Correctional Center, Smyrna, Delaware, pro se.
On Defendant's Appeal from the
Commissioner's Report and Recommendation.
DENIED.
ORDER
Michael J. Hendee, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State. Kyair Fullman, James T. Vaughn Correctional Center, Smyrna, Delaware, pro se. COOCH, R.J. This 21st day of May, 2013, on consideration of Defendant's Appeal from the Commissioner's Report and Recommendation, it appears to the Court that:
1. On April 19, 2013, the Prothonotary docketed the Commissioner's Report and Recommendation, in which he recommended that the Court deny Defendant's Motion for Postconviction Relief.NOW THEREFORE, because Mr. Fullman's objection was untimely, Defendant's Appeal from the Commissioner's Report and Recommendation is DENIED.
2. On May 13, 2013, the Court denied the Motion based on the Commissioner's Report and Recommendation and a careful, de novo review of the record.
3. Mr. Fullman has filed a late objection. Mr. Fullman had until April 29, 2013 to file an objection, but he filed his objection on May 3, 2013. His objection was thus untimely.
State v. Fullman, I.D. No. 1004012625 (Del. Super. May 13, 2013) (Cooch, R.J.) (ORDER).
10 Del. C. § 512(b)(1)(d); Super. Ct. Crim. R. 62(a)(iii).
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IT IS SO ORDERED.
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Richard R. Cooch, R.J.
cc: Prothonotary