Alston v. Delaware Dept. of Justice, et al.
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IN THE SUPREME COURT OF THE STATE OF DELAWARE JERRY L. ALSTON, Plaintiff BelowAppellant,1 v. DELAWARE DEPARTMENT OF JUSTICE, VICTIM/WITNESS SERVICES, unknown agents, DELAWARE JUSTICE OF THE PEACE COURT, OFFICIAL PARROTT, individually and as an agent of JUSTICE OF THE PEACE COURT, DELAWARE DEPT. OF SAFETY AND HOMELAND SECURITY, CAPITOL POLICE and OFFICER JEFF DESAULNIERS, individually and as an agent of DELAWARE CAPITOL POLICE, TRINETTE R. SCOTT, individually, Plaintiff BelowAppellee. § § § § § § § § § § § § § § § § § § § § § § § § No. 631, 2006 Court Below Superior Court of the State of Delaware, in and for Kent County C.A. 06C-03-025 Submitted: June 8, 2007 Decided: August 15, 2007 Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices. 1 The Superior Court docket reflects an additional plaintiff below identified as Triple 7 Paralegal Services, which is included in the caption of some of the documents that have been filed on appeal. Alston s notice of appeal did not include Triple 7 Paralegal Services as an appellant in this case, nor could Alston, as a non-lawyer, have filed an appeal on behalf another individual or entity. See Townsend v. Griffith, 570 A.2d 1157, 1158 (Del. 1990). ORDER This 15th day of August 2007, after careful consideration of the parties briefs2 and the record below, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court=s well-reasoned decision dated October 30, 2006. We find no error in the Superior Court s conclusion that appellant s complaint must be dismissed for failure to state a cause of action against any of the defendants below. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Chief Justice 2 Attached to the appellant s opening brief were numerous single-page, unsigned motions, which were not properly filed and will not be considered by the Court on appeal. Appellant also filed another unsigned document entitled, in part, Demand for Recusal of Justice Steele from These Subsequent Proceedings. Even assuming appellant had filed a properly signed motion requesting recusal in this appeal, there are no facts cited by appellant that would cause the undersigned s impartiality to be reasonably questioned in this case. See Del. Judges Code of Judicial Conduct, Canon 3(C) (2007). Thus, there is no basis for the undersigned to disqualify himself in this matter. 2
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