ELEY v. KEARNEY, 794 A.2d 600 (Del. 2002)

RAPHUS ELEY, Plaintiff Below-Appellant, v. RICK KEARNEY, Warden, et al., Defendants Below-Appellees.

No. 467, 2001Supreme Court of Delaware.Submitted: March 1, 2002
Decided: April 1, 2002

Court Below-Superior Court of the State of Delaware, in and for Sussex County C.A. No. 01C-02-021.

Affirmed.

Unpublished Opinion is below.

RAPHUS ELEY, Plaintiff Below-Appellant, v. RICK KEARNEY, Warden, et al., Defendants Below-Appellees. No. 467, 2001 In the Supreme Court of the State of Delaware. Submitted: March 1, 2002 Decided: April 1, 2002

Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices

JOSEPH T. WALSH, Justice:

ORDER
This 1st day of April 2002, upon consideration of the briefs of the parties and the record below, it appears to the Court that the judgment of the Superior Court should be affirmed on the basis of and for the reasons set forth in its decision dated September 4, 2001.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.[1]

[1] The appellant requests leave to amend his complaint to add a claim under the doctrine of res ipsa loquitor. This request was not presented to the Superior Court in the first instance and we decline to consider it in this appeal. SUPR. CT. R. 8. The appellant’s request for medical records is denied as moot.