Slavick v. Halawa Correctional Facility Administrative Staff ( 2021 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
27-DEC-2021
11:04 AM
Dkt. 4 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
CHRIS SLAVICK, Petitioner
vs.
HALAWA CORRECTIONAL FACILITY ADMINISTRATIVE STAFF; GARY KAPLAN;
JAN MOLINA; LYLE ANTONIO; SCOTT HARRINGTON; ALICIA TORRES;
MONICA CHUN; and CALVIN MOCK, Respondents.
ORIGINAL PROCEEDING
(CASE NO. 1PC041001534; CAAP-XX-XXXXXXX)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of the petition for writ of mandamus
filed by petitioner Christopher Lee Slavick, it appears that,
based on the information presented, petitioner fails to
demonstrate a clear and indisputable right to the requested
relief or that respondents are refusing to perform a clear and
precise duty that is owed to petitioner. Petitioner, therefore,
is not entitled to an extraordinary writ. 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); Barnett v. Broderick, 84 Hawai#i
109, 111, 929 P.2d 1359, 1361 (1996) (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). Accordingly,
It is ordered that the petition for writ of mandamus is
denied.
It is further ordered that the clerk of the appellate
court shall process the petition for writ of mandamus without
payment of the filing fee.
DATED: Honolulu, Hawai#i, December 27, 2021.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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