Vidal v. State, Department of Labor and Industrial Relations ( 2010 )

Electronically Filed
Supreme Court
SCOT-10-0000057
03-NOV-2010
08:58 AM
NO. SCOT-10-0000057
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
ALLEN VIDAL, Petitioner,
vs.
STATE OF HAWAI'I, DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS,
Respondent.
ORIGINAL PROCEEDING
(CASE NO. 02-04-41062)
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, JJ.
and Circuit Judge To'oto'o, assigned by reason of vacancy)
Upon consideration of petitioner Allen Vidal’s
“Complaint of Disparate Treatment,” which is deemed a petition
for a writ of mandamus, it appears that petitioner fails to
demonstrate that he is entitled to mandamus relief. See HRS §
602-5(3) (2009) (“The supreme court shall have jurisdiction and
power . . . [t]o exercise original jurisdiction in all questions
. . . arising under writs of mandamus directed to public officers
to compel them to fulfill the duties of their offices[.]”); In
re. Disciplinary Bd. Of the Hawaii Supreme Court, 91 Hawai'i 363,
368, 984 P.2d 688, 693 (1999) (Mandamus relief is available to
compel an official to perform a duty allegedly owed to an
individual only if the individual’s claim is clear and certain,
the official’s duty is ministerial and so plainly prescribed as
to be free from doubt, and no other remedy is available.).
Therefore,
IT IS HEREBY ORDERED that the clerk of the appellate
court shall process the petition for a writ of mandamus without
payment of the filing fee.
IT IS FURTHER ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai'i, November 3, 2010.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Fa'auuga To'oto'o
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