In re: Donahue ( 2023 )

Electronically Filed
Supreme Court
SCOT-XX-XXXXXXX
24-OCT-2023
11:36 AM
Dkt. 13 ORD
SCOT-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
________________________________________________________________
IN RE COCHRAN DONAHUE
________________________________________________________________
ORIGINAL PROCEEDING
ORDER
(By: Recktenwald, C.J., McKenna, and Eddins, JJ.,
Circuit Judge Browning and Circuit Judge Crabtree,
assigned by reason of vacancies)
On October 2, 2023 an individual using the name Cochran
Donahue submitted to the appellate clerk’s office documents for
filing, along with a motion for permission to proceed in forma
pauperis. We construe the submission as a petition for a writ
of mandamus for a declaratory judgment, confirming the identity
of the individual, directed at an unnamed public official. Upon
review of the document, we conclude that it fails to demonstrate
a clear and indisputable right to relief from this court. See
State ex rel. Kaneshiro v. Huddy, 82 Hawaiʼi 188, 193, 921 P.2d
108, 113 (1996). We further conclude that the information
provided in the motion to proceed in forma pauperis, submitted
under penalty of perjury, warrants granting the motion.
Therefore,
It is ordered that the motion to proceed in forma pauperis
is granted. The clerk shall waive the filing fee in this
matter.
It is further ordered that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawaiʻi, October 24, 2023.
/s/ Mark E. Recktenwald
/s/ Sabrina S. McKenna
/s/ Todd W. Eddins
/s/ R. Mark Browning
/s/ Jeffrey P. Crabtree
2