Gonsalves v. Frank

• Court: Hawaii Supreme Court
• Decided: November 17, 2010
• Docket: SCPW-10-0000127
• Status: Published

Opinion

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