State of Delaware v. Fullman.

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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY STATE OF DELAWARE v. KYAIR FULLMAN ) ) ) ) ) ) ) ) ) I.D. No. 1004012625 Submitted: May 2, 2013 Decided: May 21, 2013 On Defendant s Appeal from the Commissioner s Report and Recommendation. DENIED. ORDER Michael J. Hendee, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State. Kyair Fullman, James T. Vaughn Correctional Center, Smyrna, Delaware, pro se. COOCH, R.J. This 21st day of May, 2013, on consideration of Defendant s Appeal from the Commissioner s Report and Recommendation, it appears to the Court that: 1. On April 19, 2013, the Prothonotary docketed the Commissioner s Report and Recommendation, in which he recommended that the Court deny Defendant s Motion for Postconviction Relief. 2. On May 13, 2013, the Court denied the Motion based on the Commissioner s Report and Recommendation and a careful, de novo review of the record. 1 3. Mr. Fullman has filed a late objection. Mr. Fullman had until April 29, 2013 to file an objection,2 but he filed his objection on May 3, 2013. His objection was thus untimely. NOW THEREFORE, because Mr. Fullman s objection was untimely, Defendant s Appeal from the Commissioner s Report and Recommendation is DENIED. IT IS SO ORDERED. __________________________ Richard R. Cooch, R.J. cc: Prothonotary 1 State v. Fullman, I.D. No. 1004012625 (Del. Super. May 13, 2013) (Cooch, R.J.) (ORDER). 2 10 Del. C. § 512(b)(1)(d); Super. Ct. Crim. R. 62(a)(iii). 2

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