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Eline v. Department of Public Safety

Supreme Court of Hawaii
Apr 19, 2010
No. 30410 (Haw. Apr. 19, 2010)

Opinion

No. 30410

April 19, 2010.

ORIGINAL PROCEEDING

By: MOON, C.J., NAKAYAMA, ACOBA, DUFFY, and RECKTENWALD, JJ.


ORDER

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. See 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 Disciplinary Bd. Of Hawaii Supreme Court, 91 Hawai'i 363, 368, 984 P.2d 688, 693 (1999) (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, 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.


Summaries of

Eline v. Department of Public Safety

Supreme Court of Hawaii
Apr 19, 2010
No. 30410 (Haw. Apr. 19, 2010)
Case details for

Eline v. Department of Public Safety

Case Details

Full title:RICHARD ELINE, Petitioner, v. DEPARTMENT OF PUBLIC SAFETY, STATE OF…

Court:Supreme Court of Hawaii

Date published: Apr 19, 2010

Citations

No. 30410 (Haw. Apr. 19, 2010)