Opinion
No. 223, 2003
Submitted: May 5, 2003
Decided: June 11, 2003
Writ Dismissed.
Unpublished opinion is below.
IN THE MATTER OF THE PETITION OF KEVIN S. EPPERSON FOR A WRIT OF MANDAMUS No. 223, 2003 Supreme Court of Delaware. Submitted: May 5, 2003 Decided: June 11, 2003
Before VEASEY, Chief Justice, BERGER, and STEELE, Justices.
ORDER
Myron T. Steele, Justice
This 11th day of June 2003, upon consideration of Kevin Epperson's petition for a writ of mandamus and the State's answer and motion to dismiss, it appears to the Court that:
(1) Epperson filed a petition requesting this Court to issue an extraordinary writ of mandamus directed to the Superior Court Prothonotary. Epperson complains generally that the Prothonotary has failed in the past to provide him with documents upon request and has failed to docket his filings properly. Most recently, Epperson complains that he filed a motion for postconviction relief, which should have been docketed in two of his Superior Court criminal cases. Epperson seeks a writ of mandamus directing the Superior Court Prothonotary to docket his motion for postconviction relief in both of his criminal cases.
(2) A review of the Superior Court's dockets in Epperson's cases reflect that Epperson's postconviction motion, in fact, has been docketed in the two cases identified by Epperson. The dockets reflect that Epperson's latest postconviction motion initially had been rejected for filing because it did not comply with Superior Court Criminal Rule 61(b)(3). Once Epperson corrected the identified deficiencies, the Prothonotary docketed the motion. Accordingly, Epperson's petition for a writ of mandamus is moot.
NOW, THEREFORE, IT IS ORDERED that Epperson's petition for the issuance of an extraordinary writ of mandamus is DISMISSED.