DOC inmate filed complaint for mandamus relief against chair of Prisoner Review Board, asking that court compel chair to conduct a new revocation hearing as to revocation of his mandatory supervised release (MSR). Envelope in which notice of appeal was mailed was clearly postmarked, and postmark can thus be relied upon to conclude that notice of appeal was timely filed. Defendant filed mandamus complaint more than 10 years after denial of his request for continuance at revocation hearing, and Defendant provides no reasonable excuse for delay. Court properly dismissed mandamus complaint as prejudice by delayed filing of complaint is inherent. Court properly denied Defendant's requests for default, as substantial justice would not have been accomplished had default motions been granted. (McDADE and WRIGHT, concurring.)
Illinois Appellate Court
Civil Court
Mandamus Relief