Matter of Epperson

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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF KEVIN EPPERSON FOR A WRIT OF MANDAMUS § § No. 263, 2006 § Submitted: June 15, 2006 Decided: June 20, 2005 Before HOLLAND, BERGER, and JACOBS, Justices. ORDER This 20th day of June 2006, it appears to the Court that: (1) The petitioner, Kevin Epperson, seeks to invoke this Court s original jurisdiction by requesting the issuance of a writ of mandamus. Although his petition is not entirely clear, Epperson appears to request this Court to issue a writ of mandamus to the Department of Correction to compel his placement in a different housing unit within the prison. The State of Delaware has filed a motion to dismiss Epperson s 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 Epperson s case. NOW, THEREFORE, IT IS ORDERED that the petition for a writ of mandamus is DISMISSED. BY THE COURT: /s/ Carolyn Berger Justice 1 In re Hitchens, 600 A.2d 37, 38 (Del. 1991).

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