Opinion
No. 526, 2002
Submitted: April 4, 2003
Decided: June 17, 2003
Court Below-Superior Court of the State of Delaware, in and for Sussex County C.A. No. 02M-08-008
Affirmed.
Unpublished opinion is below.
SAMUEL MAJOR, Petitioner Below-Appellant, v. WARDEN THOMAS CARROLL, Respondent Below-Appellee. No. 526, 2002 Supreme Court of Delaware. Submitted: April 4, 2003 Decided: June 17, 2003
Before VEASEY, Chief Justice, BERGER and STEELE, Justices
ORDER
Myron T. Steele, Justice
This 17th day of June 2003, upon consideration of the briefs on appeal and the record below, it appears to the Court that:
(1) The petitioner-appellant, Samuel Major, filed an appeal from the Superior Court's August 19, 2002 order denying his motion to proceed in forma pauperis ("IFP") and dismissing his petition for a writ of mandamus. We find no merit to the appeal. Accordingly, we AFFIRM.
(2) In November 1993, Major was found guilty by a Superior Court jury of Murder in the Second Degree and Possession of a Deadly Weapon During the Commission of a Felony. He was sentenced to 20 years incarceration at Level V, to be suspended after 15 years for probation. This Court affirmed Major's convictions and sentences on direct appeal.
(3) In August 2002, Major filed a motion to proceed IFP and a petition for a writ of mandamus challenging the calculation of his good time credits by prison officials. The Superior Court denied the motion and dismissed the petition.
(4) We find no abuse of discretion on the part of the Superior Court, since it afforded Major an opportunity to re-file his IFP motion and his petition for a writ of mandamus once the deficiencies in the pleadings are cured.
Major v. State, Del. Supr., No. 26, 1994, Walsh, J. (Apr. 20, 1995).
DEL. CODE ANN. tit. 10 Del. C. § 8804(f).
DEL. CODE ANN. tit. 10 Del. C. § 8804(g); In re Bordley, 545 A.2d 619, 620 (Del. 1988).
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.