Carter v. Department of Public Safety

• Court: Hawaii Supreme Court
• Decided: August 20, 2015
• Docket: SCPW-15-0000574
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-15-0000574 20-AUG-2015 09:35 AM

SCPW-15-0000574

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

SAMUEL CARTER, Petitioner,

vs.

THE DEPARTMENT OF PUBLIC SAFETY, STATE OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

By letter dated July 27, 2015, which was filed as a

petition for a writ of mandamus, Samuel Carter (“Carter”) asks

this court for assistance “to stop the State of Hawaii staff in

Halawa Correctional Facility from violating [his] due process to

the courts.” Upon consideration of the letter, the documents

attached thereto and submitted in support thereof, and the

record, it appears that Carter is not entitled to extraordinary

relief inasmuch as he fails to demonstrate that he has a clear

and indisputable right to relief and may seek appropriate relief

through an administrative grievance or a HRPP Rule 40 proceeding

in circuit court. 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 without prejudice.

IT IS HEREBY FURTHER ORDERED that the appellate clerks’

office shall process the petition for a writ of mandamus without

payment of the filing fee.

DATED: Honolulu, Hawai'i, August 20, 2015.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson