In re: Donahue

• Court: Hawaii Supreme Court
• Decided: October 24, 2023
• Docket: SCOT-23-0000559
• Status: Published

Opinion

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