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Burgess v. Dep't of Human Servs.

Supreme Court of Hawaii
Jan 20, 2022
No. SCPW-21-0000450 (Haw. Jan. 20, 2022)

Opinion

SCPW-21-0000450

01-20-2022

JOHN TIMOTHY BURGESS, Petitioner, v. DEPARTMENT OF HUMAN SERVICES, ET AL., Respondent.


ORIGINAL PROCEEDING

Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

Upon consideration of the petition for writ of mandamus, filed on January 4, 2022, petitioner fails to demonstrate that he is entitled to the requested extraordinary relief. 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; such a writ is not intended to supersede the legal discretionary authority of the trial courts, cure a mere legal error, or serve as a legal remedy in lieu of normal appellate procedures). Therefore,

It is ordered that the petition for writ of mandamus is denied.

It is further ordered that the clerk of the appellate court shall process the petition for writ of mandamus without payment of the filing fee.


Summaries of

Burgess v. Dep't of Human Servs.

Supreme Court of Hawaii
Jan 20, 2022
No. SCPW-21-0000450 (Haw. Jan. 20, 2022)
Case details for

Burgess v. Dep't of Human Servs.

Case Details

Full title:JOHN TIMOTHY BURGESS, Petitioner, v. DEPARTMENT OF HUMAN SERVICES, ET AL.…

Court:Supreme Court of Hawaii

Date published: Jan 20, 2022

Citations

No. SCPW-21-0000450 (Haw. Jan. 20, 2022)