Submitted: December 21, 2018
Application to Proceed In Forma Pauperis. Granted.
Petition for Writ of Mandamus. Denied.
Fatir, pro se Petitioner.
William L. Witham. Jr., Resident Judge
this Court is the Petitioner's, Amir Fatir
("Petitioner), application for a Writ of Mandamus
stemming from a past application for a pardon. For the
forthcoming reasons, the Petitioner's petition is DENIED.
AND PROCEDURAL BACKGROUND
Petitioner Amir Fatir is an inmate incarcerated at the James
T. Vaughn Correctional Center under the supervision of the
Delaware Department of Correction. He is currently serving a
life sentence without parole as a result of his conviction in
Initially the Court will grant the Application to Proceed
In Forma Pauper is and review the Petition for Writ
of Mandamus. Petitioner complains that the Governor of the
State of Delaware officially failed to act upon his 1991
application for a pardon. He claims his 1991 application,
which was not supplied to the Court, received a 4 - 0 vote
from the Delaware Board of Pardons ("Pardons
Board") on December 19, 1991 recommending to the
Governor that his sentence be commuted to life with the
possibility of parole.
According to the Petitioner, the Pardons Board filed its
recommendation with the Delaware Secretary of State, who in
turn forwarded the recommendation to the Governor. His
petition asserts that the Governor failed to act on the
Pardons Board's 1991 recommendation.
STANDARD OF REVIEW
writ of mandamus is an extraordinary remedy issued by this
Court to compel a lower court, agency, or public official to
perform a nondiscretionary or ministerial duty. The issuance of a
writ is within the Court's sound discretion; it is not a
matter of right.
Before a writ is issued, "the Petitioner must
demonstrate that: he [or she] has a clear legal right to the
performance of the duty; no other adequate remedy is
available; and the [lower body] has arbitrarily failed or
refused to perform that duty." A nondiscretionary or
ministerial duty must be "prescribed with such precision
and certainty that nothing is left to discretion or
judgment." If the duty is discretionary, the right is
doubtful, the power to perform the duty is inadequate ...