Matter of Allen

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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF JAMES ALLEN FOR A WRIT OF MANDAMUS. ' ' ' No. 276, 2006 C.A. No. 06M-05-130 Cr. ID No. 0208020748 Submitted: June 26, 2006 Decided: August 21, 2006 Before BERGER, JACOBS and RIDGELY, Justices. ORDER This 21st day of August 2006,the Court has considered the petition for a writ of mandamus filed by James Allen and the answer and motion to dismiss filed by the State of Delaware. Allen=s mandamus petition seeks to compel the Superior Court to rule on his petition for a writ of habeas corpus filed on May 26, 2006. By order docketed on June 16, 2006, the Superior Court denied Allen=s habeas petition.* In view of the Superior Court=s order, Allen=s petition for a writ of mandamus in this Court is moot. NOW, THEREFORE, IT IS ORDERED that the petition for a writ of mandamus is DISMISSED as moot. BY THE COURT: /s/ Jack B. Jacobs Justice * Allen v. Carroll, Del. Super. Ct., C.A. No. 06M-05-130, Toliver, J. (June 12, 2006). Allen=s appeal from the decision is proceeding as Allen v. Carroll, Del. Supr., No. 325, 2006.

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