Eline v. Department of Public Safety, State of Hawaii

• Court: Hawaii Supreme Court
• Decided: April 19, 2010
• Docket: 30410
• Status: Published

Opinion

LAW uBRARy NO. 304lO

lN THE SUPREME COURT OF THE STATE OF HAWAl‘I

RlCHARD ELlNE, PetitiOner,

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DEPARTMENT OF PUBLlC SAFETY, STATE OF HAWAl‘l, Re',;i3entEE » W7 99

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ORDER (By: Moon, C.J., Nakayama, Acoba, Duffy,

and Recktenwald, JJ.)

Upon consideration of the petition for a writ of

mandamus filed by petitioner Richard Eline, it appears that petitioner fails to demonstrate that he is entitled to mandamus

relief. §e§ HRS § 602-5(3) (Supp. 2009) (The supreme court has jurisdiction and power to issue writs of mandamus directed to public officers to compel them to fulfill the duties of their offices.); In Re Disciplinarv Bd. Of Hawaii Supreme Court, 368, 984 P.2d 688, 693 (l999) (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,

91 Hawafi 363,

the official’s duty is ministerial and so plainly prescribed as to be free from doubt,

and no other remedy is available.).

Therefore,

IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied.

DATED: Honolulu, HawaiUq April l9, 2010.

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