Case Caption: In re: Dale FlemingCase Number: S. Ct. Civ. No. 2011-0109Date: 03/15/2012Author: Per CuriamCitation: Summary:

In a pro se petition for writ of mandamus seeking an order compelling a judge of the Superior Court to take action in a pending civil matter in which applications to proceed in forma pauperis and for entry of default have been pending for a lengthy period without action by the court, the petitioner has demonstrated a clear and indisputable right to mandamus relief. No other alternative adequate remedy exists for petitioner to obtain a ruling from the Superior Court judge. Considering whether a writ of mandamus is appropriate under the circumstances, in light of factors including, but not limited to, the public interest, the importance or unimportance of the question presented, and equity and justice, issuance of the writ is appropriate in this case. The refusal of a trial court to render any decision, on even the most routine motions, for such a long period of time, unquestionably reduces public confidence in the administration of justice and requires corrective action. Moreover, such a complete failure to rule may not only impair the petitioner's constitutional right to due process, but also adversely affects the defendant in the pending civil case, who has had this action remain pending against her throughout this period. Respondent's motion to dismiss is denied, and the mandamus petition is granted, directing the Superior Court judge assigned to the petitioner's civil litigation to, take some meaningful action to move the litigation forward within 60 days.

Attachment: Open Document or Opinion