Burgess v. Department of Human Services

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
20-JAN-2022
11:24 AM
Dkt. 22 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
_________________________________________________________________
JOHN TIMOTHY BURGESS, Petitioner,
vs.
DEPARTMENT OF HUMAN SERVICES, ET AL., Respondent.
ORIGINAL PROCEEDING
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 on January 4, 2022, petitioner fails to
demonstrate that he is entitled to the requested extraordinary
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; such a writ is not intended to supersede the legal
discretionary authority of the trial courts, cure a mere legal
error, or serve as a legal remedy in lieu of normal appellate
procedures). Therefore,
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, January 20, 2022.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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