Unpublished Opinion is below.
JAMES STEWART, JR., Plaintiff Below-Appellant, v. ROBERT E. SNYDER, BARRY CAULK, GEORGE DIXON, RICHARD VANBUREN MATTHEWS, Defendants Below-Appellees. No. 95, 1999. Supreme Court of Delaware. Submitted: July 22, 1999. Decided: August 10, 1999.
Court Below: Superior Court of the State of Delaware, in and for New Castle County, C.A. No. 98M-07-005.
Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices.
ORDER
This 10th day of August 1999, it appears to the Court that:
(1) The appellant, James Stewart, Jr., filed this appeal from a decision of the Superior Court dismissing his petition for a writ of mandamus. At the time he filed this appeal, Stewart was an inmate at the Delaware Correctional Center. Stewart filed his petition for a writ of mandamus contending that DCC and the individual appellees had violated his right to due process by transferring him from minimum security housing to high-medium security housing without granting him a hearing, which was in violation of prison regulations. Stewart requested that the Superior Court issue the writ of mandamus directing prison officials to hold a hearing on the charges that apparently led to Stewart's transfer.
(2) We originally remanded this matter to the Superior Court to address Stewart's due process claim. In its decision on remand, the Superior Court concluded that Stewart's transfer to a Level IV work release facility rendered his claim concerning his Level V security classification moot. Upon receiving the Superior Court's decision on remand, the Clerk of this Court directed the parties to respond to the remand decision. The State has filed a response requesting that Stewart's appeal be dismissed as moot. Stewart did not file a response in opposition. (3) We agree with the Superior Court that Stewart's transfer to a Level IV work release facility has rendered his claim concerning his Level V security classification moot.
NOW, THEREFORE, IT IS ORDERED that this appeal is DISMISSED as the issue raised by Stewart is moot.
BY THE COURT:
Joseph T. Walsh Justice