Gonsalves v. Frank ( 2010 )

Electronically Filed
Supreme Court
SCPW-10-0000127
17-NOV-2010
03:15 PM
NO. SCPW-10-0000127
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
RAYMOND GONSALVES, Petitioner,
vs.
CLAYTON FRANK, DIRECTOR OF THE DEPARTMENT OF
PUBLIC SAFETY, STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, and Duffy, JJ., and
Circuit Judge Trader, assigned by reason of vacancy)
Upon consideration of petitioner Raymond Gonsalves'
petition for a writ of mandamus and the papers in support, it
appears that petitioner fails to demonstrate a clear and
indisputable right to relief. Therefore, petitioner is not
entitled to extraordinary 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[.]”); 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. The request to submit additional exhibits is
also denied.
DATED: Honolulu, Hawai#i, November 17, 2010.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Rom A. Trader
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