Opinion
ID#: 9803018202B
04-30-2019
STATE OF DELAWARE v. DAVID M. WILLIAMS, Defendant.
cc: Timothy Weiler, Esquire David M. Williams, pro se, SBI# 173211
Upon Commissioner's Report and Recommendation that Defendant's Motion for Postconviction Relief and Motion for Appointment of Counsel should be denied -- ADOPTED
ORDER
This 30th day of April, 2019, the Court having considered the Commissioner's Findings of Fact and Recommendations, it appears to the Court that:
1. On August 24, 2018, David M. Williams filed a pro se motion for postconviction relief (the "Postconviction Motion") and motion for appointment of counsel. The Court referred the motions to a Superior Court Commissioner under 10 Del. C. § 512 and Superior Court Criminal Rule 62. On April 8, 2019, the Commissioner issued her findings of fact and recommendation (the "Report"). Under Rule 62, a party objecting to any portion of a Commissioner's findings of fact and recommendations may serve and file written objections within 10 days of the report's filing. Although 22 days have passed since the Commissioner issued her Report, Williams has not filed any objections. Williams therefore has waived any objections to the Report. Accordingly, the Court hereby adopts the Commissioner's Report in its entirety. Defendant's Postconviction Motion and Motion for Appointment of Counsel are DENIED.
Super. Ct. Crim. R. 62(a)(5)(ii).
Maniscalco v. State, 2017 WL 443725, at *2 (Del. Jan. 10, 2017). --------
IT IS SO ORDERED.
/s/_________
Abigail M. LeGrow, Judge Original to Prothonotary
cc: Timothy Weiler, Esquire
David M. Williams, pro se, SBI# 173211