Matter of Giles
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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF WARDELL GILES FOR A WRIT OF MANDAMUS § § No. 297, 2005 § Submitted: July 25, 2005 Decided: September 12, 2005 Before HOLLAND, BERGER, and JACOBS, Justices. ORDER This 12th day of September 2005, it appears to the Court that: (1) The petitioner, Wardell Giles, seeks to invoke this Court s original jurisdiction by requesting the issuance of a writ of mandamus. Although his petition is not entirely clear, Giles appears to be requesting this Court to issue a writ of mandamus to the Department of Correction to compel his placement in a specific treatment program. Giles also appears to want a writ of mandamus to be issued to order the Superior Court to send [motions Giles filed in Superior Court] to you for inspection. The State of Delaware has filed a motion to dismiss Giles petition on the ground that it is frivolous and fails to state a claim for mandamus relief. (2) We agree. The original jurisdiction of this Court to issue an extraordinary writ of mandamus is limited to instances when the respondent is a court or judge thereof.1 Accordingly, this Court does not have original jurisdiction to order the Department of Correction to take action in Giles case. Moreover, to the extent Giles seeks to compel the Superior Court to send his motions to this Court for review, it is well established that a writ of mandamus cannot be used as a substitute for a timely-filed appeal.2 NOW, THEREFORE, IT IS ORDERED that the petition for a writ of mandamus is DISMISSED as moot. BY THE COURT: /s/ Carolyn Berger Justice 1 In re Hitchens, 600 A.2d 37, 38 (Del. 1991). 2 Matushefske v. Herlihy, 214 A.2d 883, 885 (Del. 1965).
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