IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

MALIK NASIR, :

 : C.A. No.: K16M-03-005 JJC

PETITIONER, :

 :

v. :

 : 

STATE OF DELAWARE, :

 :

RESPONDENT. :

Submitted: February 27, 2024

Decided: April 8, 2024

ORDER

On this 8

th day of April 2024, having considered Petitioner Malik Nasir’s 

motion seeking an enlargement of time to file an appeal of a commissioner’s casedispositive order (the “Order”), and the State’s response, it appears that:

1. A commissioner of this Court held a trial regarding Mr. Nasir’s petition

for return of $5,000 and miscellaneous jewelry seized during his arrest for drug 

crimes. He seeks reconsideration of the Order denying his petition for return of 

property. Superior Court Civil Rule 132(a)(4) required Mr. Nasir to appeal the 

Order to a judge of the Superior Court within ten days. After Mr. Nasir received 

the Order, he incorrectly attempted to appeal the decision directly to the Delaware 

Supreme Court. 

2. The Supreme Court later dismissed his appeal because it lacks

jurisdiction to hear an appeal taken directly from the order of a Superior Court 

commissioner.1 While Mr. Nasir’s appeal awaited dismissal and his case remained 

1 Nasir v. State, 2024 WL 54040, at *1 (Del. Feb. 9, 2024).
2

in the Supreme Court, he filed a motion in the Superior Court seeking an enlargement 

of time to permit him to file a motion for reconsideration.

2

 The Court deferred 

decision on that motion until the Clerk of the Supreme Court returned the mandate 

that included the Supreme Court’ Order of dismissal. 

3. Although Mr. Nasir filed his appeal with the Supreme Court on the tenth 

day following the filing of the Order, he did not meet the time requirement set by

Rule 132(a)(4)(ii) because he filed it in the wrong court. Accordingly, absent an 

enlargement of the ten-day period to appeal to a judge of the Superior Court based 

upon good cause, Mr. Nasir’s appeal must be rejected as untimely.

3

4. In the State’s response, the State opposes Mr. Nasir’s appeal on 

substantive grounds but does not oppose granting his motion for enlargement of 

time. Here, the Court does not find persuasive Mr. Nasir’s argument that a clerk in 

the Prothonotary’s Office and the Supreme Court gave him incorrect advice that 

caused him to file in the wrong court. Nevertheless, Mr. Nasir is a self-represented 

litigant. Under the circumstances, his timely filing, albeit in the incorrect court,

should not bar his ability to advance his substantive claims. Accordingly, there is 

good cause to grant his request to enlarge the time necessary to consider his appeal 

from the Commissioner’s order. 

5. As to the merits of Mr. Nasir’s motion, he identifies only one 

cognizable exception to the Commissioner’s recommendations and findings – the 

sufficiency of the evidence of record to uphold them. At this stage, the Court 

cannot consider the merits of his appeal because he has not obtained a transcript of 

2 D.I. 47.

3

See Super. Ct. Civ. R. 132(c)( providing that “[t]he time periods specified in this Rule may be 

shortened or enlarged for good cause, by a judge.”).
3

the proceedings as required by Rule 132.

4

If Mr. Nasir seeks to prosecute his 

appeal, he shall obtain and file a copy of the transcript of the proceedings before the 

Commissioner within 90 days of the date of this Order. Both Mr. Nasir and the 

State have provided their written positions regarding Mr. Nasir’s exceptions. No 

further submissions will be appropriate. Upon his filing of the transcript, the Court 

will perform the required de novo review regarding his exception regarding 

sufficiency of the evidence and determine whether to accept, reject, or modify the 

Commissioner’s findings. 

WHEREFORE, Mr. Nasir’s motion for enlargement of time is GRANTED. 

A decision on his appeal of the Commissioner’s Order, however, is deferred until he 

files a copy of the transcript of the proceedings with the Court. At that point, the 

matter will be deemed submitted for decision. 

IT IS SO ORDERED.

/s/ Jeffrey J Clark

 Resident Judge

4

See Id. at 132(a)(4)(iii) (requiring Ms. Nasir, as the party filing written objections, to “cause a 

transcript of the proceedings, before the Commissioner to be prepared, served, and filed unless, 

subject to the approval of a judge, all parties agree to a statement of facts.”).