Villanueva v. Johnson ( 2013 )

Electronically Filed
Supreme Court
SCPW-13-0001263
01-JUL-2013
08:48 AM
SCPW-13-0001263
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
GERALD VILLANUEVA, Petitioner,
vs.
TOMMY JOHNSON, ADMINISTRATOR, BERT MATSUOKA, CHAIR,
RICK FUJIHARA, MEMBER, HAWAI'I PAROLING AUTHORITY, Respondents.
ORIGINAL PROCEEDING
ORDER DENYING “ORDER TO SHOW CAUSE FOR A JUDGMENT PURSUANT TO
ARTICLE 78 OF THE CIVIL PRACTICE LAW AND RULES”
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Gerald Villanueva’s
“Order to Show Cause for a Judgment Pursuant to Article 78 of the
Civil Practice Law and Rules”, which was filed on June 2, 2013,
and which we review as a petition for a writ of mandamus, and the
record, it appears that petitioner fails to demonstrate that he
has a right to directly appeal to the supreme court to challenge
a decision of the HPA and petitioner has alternative means to
seek relief. See Turner v. Hawai'i Paroling Authority, 93 Hawai'i
298, 306, 1 P.3d 768, 776 (2000). Petitioner, therefore, is not
entitled to mandamus relief. See Kema v. Gaddis, 91 Hawai'i 200,
204, 982 P.2d 334, 338 (1999) (a writ of mandamus is an
extraordinary remedy that will not issue unless the petitioner
demonstrates a clear and indisputable right to relief and a lack
of alternative means to redress adequately the alleged wrong or
obtain the requested action). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai'i, July 1, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack