Opinion
Civil Action No. 05M-04-051 SCD.
June 6, 2005.
ORDER
This 6th day of June, 2005, the Application of Larry D. Nave to proceed in forma pauperis, and the Complaint seeking to commence an action against Stanley Taylor, Commissioner [of the Department of Corrections], et al, having been duly considered, it appears that:
A. Larry Nave is an inmate at the Delaware Correctional Center.
B. Nave has filed a Petition for Writ of Mandamus. While the Petition alleges various wrongdoings, the essence of the grievance is revealed in the "Relief Sought." Nave wants the court to "enjoin" the defendants, and order them to:
1). Have Respondents remove all (24 LOAP), 24 hour loss of all privilege reports from petitioners file . . .
2). Have respondents stop issuing (25 LOAP) 24 Hour loss of all privilege sanctions, without first offering petitioner and all inmates the right to a hearing and chance to appeal said sanctions (before) the sanction is imposed . . .
3). Have respondents enforce the policy stating the shift supervisor (watch commander) must review and signe (sic) disciplinary reports approving or denying them (before) they are transferred to the hearing office . . .
4). Have respondents have all disciplinary appeals rendered within the 10 day time frame set by the Correctional Code of Penal Discipline . . .
5). Have respondents stay any punishment-sanction rendered at disciplinary hearing pending the appeal decision . . .
6). Have respondents remove disciplinary report number (#1014570 and #1005297) from Petitioners file, and stop all punishment from respondents they are appling (sic) on petitioner for said disciplinary actions . . .
7). Have respondents stop enforcing sanctions on petitioner and all other inmates until these appeals are rendered . . .
C. A writ of mandamus may be issued to a State officer, tribunal, board or agency to compel the performance of an official duty. Mandamus is issuable not as a matter of right, but only in the exercise of judicial discretion.
Proctor v. Kearney, 817 A.2d 805 (Table), 2003 WL 168462 (Del.Supr.)
D. The petitioner seeking mandamus relief must establish a clear right to the relief requested.
WHEREFORE, upon review of the allegations of the Complaint, I find in the exercise of discretion that the Petitioner's objections to the disciplinary procedures at the Department of Corrections do not establish that he has a clear legal right to the relief that he has requested.
The Petition is DISMISSED. IT IS SO ORDERED.