Matter of Shockley

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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF SYLVESTER SHOCKLEY FOR A WRIT OF MANDAMUS § § No. 117, 2005 § Submitted: April 13, 2005 Decided: May 2, 2005 Before BERGER, JACOBS, and RIDGELY, Justices. ORDER This 2nd day of May 2005, it appears to the Court that: (1) The petitioner, Sylvester Shockley, filed a petition for a writ of mandamus in this Court seeking to compel the Superior Court to docket his petition for a writ of mandamus filed in that court. Shockley requests the Superior Court to issue a writ of mandamus directed to the Department of Correction to calculate his conditional release date in accordance with the Court s decisions in Crosby v. State1 and Evans v. State.2 Shockley s petition in this Court asserts that the Superior Court has not docketed his petition below or assigned it a case number. (2) The Superior Court record, however, reflects that Shockley s petition for a writ of mandamus was docketed on February 7, 2005 in Superior 1 2 824 A.2d 894 (Del. 2003). 2004 WL 2743546 (Del. Nov. 23, 2004). This opinion recently was withdrawn by the Court after en banc reconsideration and thus has no force or effect. See Evans v. State, ___ A.2d ___ (Del. Apr. 11, 2005). Court Civil Action Number 05M-02-029. That petition is still pending for decision before the Superior Court. Consequently, Shockley s petition for a writ of mandamus in this Court is moot. To the extent Shockley is requesting this Court to compel the Superior Court to grant his petition below, such a request is beyond the scope of mandamus relief.3 NOW, THEREFORE, IT IS ORDERED that the petition for a writ of mandamus is DISMISSED as moot. BY THE COURT: /s/ Jack B. Jacobs Justice 3 In re Bordley, 545 A.2d 619, 620 (Del. 1988) (holding that a writ of mandamus will not be issued to compel a trial court to decide a matter in a particular way ).

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