IN RE EPPERSON, 903 A.2d 322 (Del. 2006)

IN THE MATTER OF THE PETITION OF KEVIN EPPERSON FOR A WRIT OF MANDAMUS.

No. 263, 2006.Supreme Court of Delaware.Submitted: June 15, 2006.
Decided: June 20, 2006.

Before HOLLAND, BERGER, and JACOBS, Justices.

ORDER
CAROLYN BERGER, Justice.

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.

[1] In re Hitchens, 600 A.2d 37, 38 (Del. 1991).

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