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Wilson v. Metzger

Superior Court of Delaware, Kent

January 4, 2019

JAMES WILSON, Petitioner,
v.
WARDEN DANA METZGER and IMAM MICHAEL WATERS, Respondents.

          Submitted: December 14, 2018

         Upon Respondents' Motion to Dismiss Petitioner's Petition for Writ of Mandamus Granted.

         Motion for Default Judgment

          Moot. James A. Wilson, Petitioner, pro se.

          Joseph C. Handlon, Esquire of the Department of Justice, Wilmington, Delaware; attorney for Respondents.

          ORDER

          William L. Witham. Jr. Resident Judge.

         Before 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.[1] 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.

         For the following reasons, the motion to dismiss is granted without prejudice pursuant Delaware Superior Court Rule ("Rule") 12(b)(5) vice 12(b)(6).[2]

         1. The Petitioner is currently incarcerated at James T. Vaughn Correctional Center ("JTVCC") in Smyrna, Delaware.

         2. The Petitioner filed a petition for a writ of mandamus with the Court on June 19, 2018.

         3. The Petitioner alleges that during his incarceration at JTVCC, Respondent Waters has:

i. interfered with Constitutional rights of Nation of Islam members;
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 ...

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