Matter of Graham

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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF VINCENT GRAHAM FOR A WRIT OF MANDAMUS § § No. 28, 2004 § Submitted: February 4, 2004 Decided: February 13, 2004 Before BERGER, STEELE, and JACOBS, Justices. ORDER This 13th day of February 2004, it appears to the Court that the petitioner, Vincent Graham, filed a petition for a writ of mandamus seeking to compel the Superior Court to rule on his Motion to Lift Capias Warrant/VOP Detainer, which he filed on April 22, 2003. A review of the Superior Court docket reflects that Graham s motion was denied on August 20, 2003. Consequently, Graham s petition for a writ of mandamus is moot. To the extent Graham seeks review of the Superior Court s denial of his motion, the extraordinary writ process will not serve as a substitute for a timely-filed appeal.* NOW, THEREFORE, IT IS ORDERED that the petition for a writ of mandamus is DISMISSED. BY THE COURT: /s/ Myron T. Steele Justice * Matushefske v. Herlihy, 214 A.2d 883, 885 (Del. 1965).

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