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Photo of Sussex County

Court

Sussex County

Delaware

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Case Information

Filed 2023-12-01
Status CLOSED - CLOSED
Type Ml Mandamus
Docket 108 entries
Disposition dismiss

Parties

Plaintiff Melendez Garcia, Anibal|Melendez Garica, Anibal
Defendant May, Robert|Dept. Of Correction, Warden|De Jesus, Orlando|Datson, Cpt.|Brennan, Mayor|Ndungu, Charles|Mongomery, Naquan
Photo of Hon. Robinson Jr Robert H

Judge

Hon. Robinson Jr Robert H

Sussex County (DE)

Delaware

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Lawyers

Docket Entries

  1. MANDATE FROM SUPREME COURT
  2. MOTION PROCEED IN FORMA PAUPER
  3. LETTER
  4. MOTION PROCEED IN FORMA PAUPER
  5. ORDER
  6. STATUS CASE LETTER
  7. PRAECIPE FILED
  8. WRIT ISSUED
  9. NOTICE
  10. PRAECIPE FILED
  11. WRIT ISSUED
  12. WRIT RETURN (GENERIC)
  13. WRIT RETURN (GENERIC)
  14. WRIT RETURN (GENERIC)
  15. WRIT RETURN (GENERIC)
  16. WRIT RETURN (GENERIC)
  17. WRIT RETURN (GENERIC)
  18. STATUS CASE LETTER
  19. MOTION TO DISMISS
  20. NOTICE
  21. ALIAS PRAECIPE FILED
  22. WRIT ISSUED
  23. WRIT ISSUED
  24. WRIT RETURN (GENERIC)
  25. WRIT RETURN (GENERIC)
  26. MOTION
  27. LETTER
  28. ORDER
  29. MOTION REMOVED FROM CALENDAR
  30. NOTICE
  31. ORDER
  32. MOTION TO AMEND
  33. RESPONSE
  34. REPLY BRIEF FILED
  35. NOTICE
  36. LETTER
  37. ARGUMENT ASSIGNED TO JUDGE
  38. COURT ORDERED DISMISSAL
  39. NOTICE
  40. CASE APPEALED TO SUPREME COURT
  41. ALIAS PRAECIPE FILED
  42. ALIAS PRAECIPE FILED DATE DOCKETED: JUNE 29, 2024 ALIAS PRAECIPE FILED JUNE 27, 2024 (PRO SE) (AS TO RESPONDENT ROBERT MAY, AT TWO SEPARATE ADDRESSES) ACCEPTED BY: MS TRANSACTION ID: 73513740
  43. WRIT ISSUED
  44. WRIT ISSUED DATE DOCKETED: JUNE 29, 2024 ALIAS SUMMONS ISSUED TO KENT COUNTY SHERIFF FOR SERVICE UPON ROBERT MAY. ACCEPTED BY: MS TRANSACTION ID: 73514147
  45. WRIT ISSUED
  46. WRIT ISSUED DATE DOCKETED: JUNE 29, 2024 ALIAS SUMMONS ISSUED TO NEW CASTLE COUNTY SHERIFF FOR SERVICE UPON ROBERT MAY C/O DEPARTMENT OF JUSTICE. ACCEPTED BY: MS TRANSACTION ID: 73514147
  47. WRIT RETURN (GENERIC)
  48. WRIT RETURNED - NEW CASTLE COUNTY SHERIFF DATE DOCKETED: JULY 4, 2024 ALIAS WRIT RETURNED JULY 3, 2024 SERVED ROBERT MAY C/O DEPARTMENT OF JUSTICE, BY SERVING MARY CATHERINE MCTAGGART, DOJ ADMINISTRATOR ASSISTANT, ON JULY 3, 2024. ACCEPTED BY: MS TRANSACTION ID: 73552330
  49. WRIT RETURN (GENERIC)
  50. WRIT RETURNED - KENT COUNTY SHERIFF DATE DOCKETED: JULY 9, 2024 ALIAS WRIT RETURNED JULY 5, 2024 SERVED CAPT. ROBERT MAY BY SERVING TIM MARTIN, LEGAL SERVICES, ON JULY 3, 2023. ACCEPTED BY: MS TRANSACTION ID: 73559755
  51. MOTION
  52. MOTION DATE DOCKETED: JULY 11, 2024 PETITIONER'S MOTION FOR EXTENSION OF TIME TO RESPOND TO RESPONDENTS' MOTION TO DISMISS, FILED JULY 10, 2024 (PRO SE) NOTICE OF MOTION TO BE HEARD AT THE CONVENIENCE OF THE COURT. ACCEPTED BY: MS TRANSACTION ID: 73615931
  53. LETTER
  54. LETTER DATE DOCKETED: JULY 12, 2024 LETTER FROM DAG LORIN P. HUERTA, ESQUIRE, TO JUDGE ROBINSON. RE: ADVISING THAT THE RESPONDENTS TAKE NO POSITION AS TO PETITIONER'S MOTION FOR EXTENSION OF TIME. CERTIFICATE OF SERVICE ACCEPTED BY: MS TRANSACTION ID: 73629605
  55. ORDER
  56. ORDER DATE DOCKETED: JULY 12, 2024 ORDER SIGNED BY JUDGE ROBERT H. ROBINSON, JR. ON JULY 11, 2024. IT IS HEREBY ORDERED THAT PETITIONER'S MOTION FOR EXTENSION OF TIME TO RESPOND TO THE MOTION TO DISMISS, IS GRANTED, AND PETITIONER SHALL HAVE FORTY-FIVE (45) DAYS FROM THE DATE OF THIS ORDER TO FILE HIS RESPONSE. IT IS FURTHER ORDERED THAT THE JULY 19, 2024 HEARING, IS REMOVED FROM THE COURT'S CALENDAR. THE COURT WILL DETERMINE WHETHER A HEARING ON THE MOTION IS NEEDED. (COPY FORWARDED TO PETITIONER VIA MAIL - MS) ACCEPTED BY: MS TRANSACTION ID: 73632606
  57. MOTION REMOVED FROM CALENDAR
  58. CIVIL MOTION SCHEDULED FOR JULY 19, 2024 - MS REMOVED FROM CALENDAR. PETITIONER'S MOTION FOR EXTENSION OF TIME GRANTED. DATE DOCKETED: JULY 11, 2024
  59. NOTICE
  60. NOTICE DATE DOCKETED: JULY 23, 2024 PLAINTIFF'S NOTICE OF AMENDMENT OF COMPLAINT JURISDICTION, FILED JULY 19, 2024 (PRO SE) CERTIFICATE OF SERVICE ACCEPTED BY: MS TRANSACTION ID: 73746028
  61. ORDER
  62. ORDER LETTER DATE DOCKETED: JULY 23, 2024 ORDER LETTER FROM JUDGE ROBINSON TO THE PETITIONER, FILED JULY 22, 2024. RE: THE COURT HAS RECEIVED YOUR DOCUMENT "NOTICE OF AMENDMENT OF COMPLAINT JURISDICTION." THE COURT DOES NOT ACCEPT THE DOCUMENT AS AN AMENDED COMPLAINT AND IT IS OF NO LEGAL CONSEQUENCE TO YOUR CASE AND DOES NOT SUBSTITUTE AS A RESPONSE TO RESPONDENTS' PENDING MOTION TO DISMISS. YOU MUST FILE A MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT, PURSUANT TO RULE 15 AND NOTICE IT TO BE HEARD. (COPY MAILED TO PETITIONER BY CHAMBERS) ACCEPTED BY: MS TRANSACTION ID: 73746204
  63. MOTION TO AMEND
  64. MOTION TO AMEND DATE DOCKETED: AUGUST 7, 2024 PETITIONER'S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT PURSUANT TO SUPERIOR COURT CIVIL RULE 15, FILED AUGUST 5, 2024 (PRO SE) NOTICE OF MOTION TO BE HEARD AT THE CONVENIENCE OF THE COURT CERTIFICATE OF SERVICE ACCEPTED BY: MS TRANSACTION ID: 73961677
  65. RESPONSE
  66. RESPONSE DATE DOCKETED: AUGUST 16, 2024 RESPONDENTS RESPONSE IN OPPOSITION TO PETITIONERS MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT (LORIN P. HUERTA) CERTIFICATE OF SERVICE ACCEPTED BY: MS TRANSACTION ID: 74054555
  67. REPLY BRIEF FILED
  68. REPLY DATE DOCKETED: AUGUST 31, 2024 PETITIONER'S REPLY IN SUPPORT OF HIS MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT, FILED AUGUST 30, 2024 (PRO SE) ATTACHMENT - [PROPOSED AMENDED] COMPLAINT CERTIFICATE OF SERVICE ACCEPTED BY: MS TRANSACTION ID: 74203099
  69. NOTICE
  70. FILE FORWARDED TO JUDGE ROBINSON FOR REVIEW - MS DATE DOCKETED: SEPTEMBER 3, 2024
  71. LETTER
  72. LETTER DATE DOCKETED: OCTOBER 16, 2024 LETTER FROM DEPUTY ATTORNEY GENERAL, LORIN P. HUERTA, TO JUDGE ROBINSON. RE: REQUESTING THAT THE COURT GRANT REPONDENTS' MOTION TO DISMISS AS UNNOPOSED, DENY PETITIONER'S MOTION TO AMEND THE COMPLAINT AS MOOT, AND DISMISS THE WRIT OF MANDAMUS WITH PREJUDICE. CERTIFICATE OF SERVICE ACCEPTED BY: MS TRANSACTION ID: 74758705
  73. ARGUMENT ASSIGNED TO JUDGE
  74. ARGUMENT ASSIGNED TO JUDGE ROBERT H. ROBINSON, JR. ON OCTOBER 15, 2024 - MS DATE DOCKETED: OCTOBER 17, 2024
  75. COURT ORDERED DISMISSAL
  76. COURT DISMISSAL ORDER - CLOSED DATE DOCKETED: OCTOBER 22, 2024 OPINION & ORDER BY JUDGE ROBERT H. ROBINSON, JR., FILED OCTOBER 18, 2024. DATE SUBMITTED: OCTOBER 15, 2024; DATE DECIDED: OCTOBER 18, 2024. IT IS ORDERED THAT THE COMPLAINT, WHETHER IT STATES A TORT CLAIM OR WHETHER IT STATES A 1983 CLAIM, IS TIME-BARRED AND IS DISMISSED, WITH PREJUDICE. (COPY MAILED TO PETITIONER FROM CHAMBERS 10/18 - MS) ACCEPTED BY: MS TRANSACTION ID: 74800597
  77. NOTICE
  78. FILE HAS BEEN ARCHIVED - AFT DATE DOCKETED: NOVEMBER 27, 2024
  79. CASE APPEALED TO SUPREME COURT
  80. CASE APPEALED TO SUPREME COURT DATE DOCKETED: DECEMBER 3, 2024 NOTICE OF APPEAL FROM THE ORDER DATED OCTOBER 18, 2024, BY JUDGE ROBERT H. ROBINSON, JR., IN SUPERIOR COURT C.A. NO. S23M-12-001 RHR, WITH DESIGNATION OF NO TRANSCRIPT; FILED NOVEMBER 27, 2024 (PRO SE) (SUPREME COURT CASE NO. 495,2024) ACCEPTED BY: MS TRANSACTION ID: 75117709
  81. MANDATE FROM SUPREME COURT
  82. MANDATE AND RECORD FROM THE SUPREME COURT DATE DOCKETED: FEBRUARY 6, 2025 MANDATE FROM THE SUPREME COURT FILED FEBRUARY 5, 2025. CERTIFIED COPY OF ORDER DATED JANUARY 17, 2025, TO CLERK OF COURT BELOW. IT IS ORDERED UNDER SUPREME COURT RULE 29(B), THAT THE APPEAL IS DISMISSED. CASE CLOSED. ACCEPTED BY: MS TRANSACTION ID: 75570179

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