Matter of Garnett
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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF ERIC GARNETT FOR A WRIT OF MANDAMUS § § No. 78, 2008 § Submitted: February 27, 2008 Decided: May 28, 2008 Before BERGER, JACOBS, and RIDGELY, Justices. ORDER This 28th day of May 2008, upon consideration of Eric Garnett s petition for a writ of mandamus and the State s response and motion to dismiss, it appears to the Court that: (1) Garnett has filed a petition seeking to invoke the original jurisdiction of this Court to issue a writ of mandamus to compel the Superior Court Prothonotary to docket two petitions for postconviction relief, which Garnett claimed to have filed in June 2007 and November 2007. Garnett s petition also requests that the clerks involved be disciplined and that he be awarded $25.00 as reimbursement for the extra costs he incurred in corresponding with the Superior Court about his missing petitions. (2) In its motion to dismiss, the State contends that Garnett s motions, in fact, were docketed and that the Superior Court denied both motions on February 19, 2008. Accordingly, the State argues that Garnett s petition is moot. We agree. In light of the Superior Court s action on Garnett s motions, it is clear that his petition for a writ of mandamus is moot. NOW, THEREFORE, IT IS ORDERED that Garnett s petition for a writ of mandamus is DISMISSED as moot. BY THE COURT: /s/ Jack B. Jacobs Justice -2-
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