Matter of Anderson

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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF LLOYD ANDERSON FOR A WRIT OF MANDAMUS § § § No. 301, 2000 § § § Submitted: July 10, 2000 Decided: August 21, 2000 Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices ORDER This 21st day of August 2000, upon consideration of Lloyd Anderson s petition for a writ of mandamus1 and the State s response and motion to dismiss, it appears to the Court that: (1) The petitioner, Lloyd Anderson, filed a petition for a writ of mandamus requyesting that this Court order the Superior Court to act on, and grant, his motions to proceed in forma pauperis and for a copy of a trial transcript at State expense. After careful consideration, we have determined that the petition must be DISMISSED AS MOOT. (2) The record indicates that Anderson s motions were referred to a Superior Court judge on March 14, 2000 and were denied by order dated August 1 Supr. Ct. R. 43. 7, 2000. A review of the Supreme Court docket reveals that on August 14, 2000 Anderson filed an appeal from the Superior Court s order denying his motions. (3) This Court will issue a writ of mandamus to a trial court only when the petitioner can demonstrate that: the petitioner has a clear right to the performance of a duty; no other remedy is available; and the trial court has arbitrarily failed or refused to perform its duty.2 (4) The Superior Court has acted on Anderson s motions. Moreover, Anderson has pursued an alternative remedy by filing an appeal from the Superior Court s order denying his motions. Thus, his petition for a writ of mandamus is moot. NOW, THEREFORE, IT IS ORDERED that the petition for a writ of mandamus is DISMISSED AS MOOT. BY THE COURT: s/Joseph T. Walsh Justice 2 In re Hyson, Del. Supr., 649 A.2d 807, 808 (1994). -2-

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