IMO Derious Johnson ( 2021 )


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  •             IN THE SUPREME COURT OF THE STATE OF DELAWARE
    IN THE MATTER OF DERIOUS §
    JOHNSON FOR A WRIT OF    § No. 77, 2021
    HABEAS CORPUS            §
    Submitted: March 24, 2021
    Decided: March 31, 2021
    Before VALIHURA, VAUGHN, and TRAYNOR, Justices.
    ORDER
    After careful consideration of the notice to show cause and the appellant’s
    response, it appears to the Court that:
    (1)     On March 11, 2021, Derious Johnson filed a document entitled “Writ
    of Habeas Corpus ad Testificandum.” Johnson’s document was docketed as a
    petition for a writ of habeas corpus.
    (2)     On March 11, 2021, the Senior Court Clerk issued a notice directing
    Johnson 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. On March 24, 2021, Johnson
    filed a response to the notice to show cause. Johnson’s response does not address
    the jurisdictional issue raised in the notice.
    (3)     It is well-settled that this Court has no original jurisdiction to issue a
    writ of habeas corpus.1 Accordingly, Johnson’s petition manifestly fails on its face
    1
    In re Cantrell, 
    678 A.2d 525
    , 526 (Del. 1996).
    to invoke the original jurisdiction of the Court, and it must be dismissed.
    NOW, THEREFORE, IT IS HEREBY ORDERED under Supreme Court
    Rule 29(b) that the petition for a writ of habeas corpus is DISMISSED.
    BY THE COURT:
    /s/ James T. Vaughn, Jr.
    Justice
    2
    

Document Info

Docket Number: 77, 2021

Judges: Vaughn, J.

Filed Date: 3/31/2021

Precedential Status: Precedential

Modified Date: 4/1/2021