Eley v. Kearney

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IN THE SUPREME COURT OF THE STATE OF DELAWARE RAPHUS ELEY, Plaintiff BelowAppellant, v. RICK KEARNEY, Warden, et al., Defendants BelowAppellees. § § § § § § § § § § § No. 467, 2001 Court Below Superior Court of the State of Delaware, in and for Sussex County C.A. No. 01C-02-021 Submitted: March 1, 2002 Decided: April 1, 2002 Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices ORDER This 1st day of April 2002, upon consideration of the briefs of the parties and the record below, it appears to the Court that the judgment of the Superior Court should be affirmed on the basis of and for the reasons set forth in its decision dated September 4, 2001. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.1 BY THE COURT: s/Joseph T. Walsh Justice 1 The appellant requests leave to amend his complaint to add a claim under the doctrine of res ipsa loquitor. This request was not presented to the Superior Court in the first instance and we decline to consider it in this appeal. SUPR. CT. R. 8. The appellant s request for medical records is denied as moot. -2-

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