MATTER OF JOHNSON, 782 A.2d 265 (Del. 2001)

No. 250, 2001.Supreme Court of Delaware.
July 18, 2001.

MANDAMUS DISMISSED.

Unpublished Opinion is below.

In Re JOHNSON For A Writ Of Mandamus. No. 250, 2001. Supreme Court of Delaware. Submitted: June 21, 2001. Decided: July 18, 2001.

Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices.

ORDER
This 18th day of July 2001, upon consideration of the petition for a writ of mandamus filed by Scott O. Johnson (and as supplemented by Johnson on June 19, 2001) and the answer and motion to dismiss filed by the State of Delaware,[1] it appears to the Court that:

(1) Johnson has applied to this Court for a writ of mandamus to be directed to the Department of Correction and the Superior Court. Johnson alleges that correctional authorities have failed to given him credit for time he spent at Level V waiting for a Level IV placement.[2]

(2) “[T]his Court’s original jurisdiction to issue a writ of mandamus is limited to instances when a respondent is a court or a judge thereof.”[3] Accordingly, Johnson’s petition must be dismissed, because it requests the issuance of a writ to the Department of Correction.

(3) This Court will issue a writ of mandamus to a trial court only when the petitioner can show that there is the clear right to the performance of a duty by the trial court, and that the trial court has arbitrarily refused or has failed to perform the duty.[4] Here, Johnson has not demonstrated that he has initiated the appropriate legal process in the Superior Court to effect a review of the Department of Correction’s calculation of his sentence. Because Johnson has not demonstrated that he has the clear right to the performance of a duty by the Superior Court, he cannot prevail on a claim that the court has arbitrarily refused or failed to perform a duty. Accordingly, Johnson’s petition for a writ of mandamus must be dismissed.

NOW, THEREFORE, IT IS ORDERED that the State’s motion to dismiss is GRANTED. The petition for a writ of mandamus is DISMISSED.