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State v. Scruggs

Superior Court of Delaware, New Castle

April 10, 2014

STATE OF DELAWARE,
v.
LAMMOT SCRUGGS, Defendant.

Phyllis R. Scully, Esquire John A. Barber, Esquire Timothy J. Weiler, Esquire Lammot Scruggs, Defendant

FINAL ORDER

FRED S. SILVERMAN JUDGE

1. On January 9, 2014, a commissioner issued a report and recommendation[1] that Defendant's motion for postconviction relief be denied. Simultaneously, the Commissioner recommended that court-appointed counsel's motion to withdraw be granted.

2. The Commissioner's report and recommendation was sent to Defendant. Since then, no appeal has been filed by Defendant, [2] and the time for that has expired. Accordingly, there is no basis for de novo consideration, and the Commissioner's January 9, 2014 report and recommendation is ACCEPTED and ADOPTED.

For the reasons set out in the January 9, 2014, unopposed report and recommendation, Defendant's April 2, 2013 motion for postconviction relief is DENIED. Counsel's October 1, 201 3, motion to withdraw as counsel is GRANTED. The Prothonotary SHALL notify Defendant.

IT IS SO ORDERED.


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