Submitted: December 14, 2018
Respondents' Motion to Dismiss Petitioner's Petition
for Writ of Mandamus Granted.
for Default Judgment
James A. Wilson, Petitioner, pro se.
C. Handlon, Esquire of the Department of Justice, Wilmington,
Delaware; attorney for Respondents.
William L. Witham. Jr. Resident Judge.
the Court is a Motion to Dismiss a petition for writ of
mandamus pursuant to Delaware Superior Court Civil Rule
12(b)(6). Petitioner James Wilson ("Petitioner")
filed a Writ of Mandamus against certain Delaware Department
of Corrections personnel. The Petitioner also moved for a default
judgment. In their Motion to Dismiss, Respondents Warden Dana
Metzger ("Respondent Metzger") and Imam Michael
Waters ("Respondent Waters"), cite insufficient
service of process pursuant to 10 Del. C. §
3103(c) as grounds for dismissal.
following reasons, the motion to dismiss is granted without
prejudice pursuant Delaware Superior Court Rule
("Rule") 12(b)(5) vice 12(b)(6).
Petitioner is currently incarcerated at James T. Vaughn
Correctional Center ("JTVCC") in Smyrna, Delaware.
Petitioner filed a petition for a writ of mandamus with the
Court on June 19, 2018.
Petitioner alleges that during his incarceration at JTVCC,
Respondent Waters has:
i. interfered with Constitutional rights of Nation of Islam
ii. identified the Nation of Islam as
"disbelievers," presumably of Islam;
iii. created a "hostile environment against other sects
of Islam by engaging in active campaign against other sects