Opinion
No. 28804
November 19, 2007.
ORIGINAL PROCEEDING.
By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.
ORDER
Upon consideration of the petition for a writ of mandamus and/or prohibition by petitioner Alvin Jardine and the papers in support, it appears that (1) petitioner fails to demonstrate that his maximum term release date, as computed by the Department of Public Safety on June 28, 2007, is not commensurate with the maximum term of imprisonment imposed by the circuit court, and (2) petitioner's challenge of his maximum term release date as not commensurate with the maximum term of imprisonment imposed by the circuit court is a challenge to the legality of petitioner's custody for which relief is available from the circuit court pursuant HRPP Rule 40 (cf. Williamson v. Hawai'i Paroling Auth., 97 Hawai'i 183, 187, 35 P.3d 210, 214 (2001)). Therefore, petitioner is not entitled to a writ of mandamus or prohibition.See Kema v. Gaddis, 91 Hawai'i 200, 204, 982 P.2d 334, 338 (1999) (A writ of mandamus or prohibition 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 and/or prohibition is denied.