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In re Dunbar

Supreme Court of Delaware

September 5, 2014

IN THE MATTER OF THE PETITION OF MICHAEL R. DUNBAR FOR A WRIT OF HABEAS CORPUS

Submitted August 27, 2014

Case Closed September 23, 2014.

Editorial Note:

This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.

Before HOLLAND, RIDGELY, and VALIHURA, Justices.

ORDER

Ranndy J. Holland, Justice

This 5th day of September 2014, it appears to the Court that:

(1) On August 8, 2014, the petitioner, Michael R. Dunbar, filed a petition for a writ of habeas corpus. On that same date, the Senior Court Clerk issued a notice directing Dunbar to show cause why his petition should not be dismissed for this Court's lack of original jurisdiction to issue a writ of habeas corpus. Dunbar filed a motion for appointment of counsel on August 13, 2014.

(2) In his response to the notice to show cause, Dunbar does not address this Court's lack of jurisdiction to issue a writ of habeas corpus. This Court has no original jurisdiction to issue a writ of habeas corpus.[1] Dunbar's petition for a writ of habeas corpus must, therefore, be dismissed.

(3) Dismissal of the petition for a writ of habeas corpus renders Dunbar's motion for appointment of counsel moot.

NOW, THEREFORE, IT IS ORDERED that that the petition for a writ of habeas corpus is DISMISSED and the motion for appointment of counsel is DISMISSED as moot.


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