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Padilla v. Third Circuit Court Clerks

Supreme Court of Hawaii
May 12, 2004
26521 (Haw. May. 12, 2004)

Opinion

26521

May 12, 2004.

ORIGINAL PROCEEDING.

Shayne J. Padilla, petitioner pro se, on the writ


ORDER


Upon consideration of Petitioner Shayne James Padilla's petition for a writ of mandamus, the papers in support, and the records and files herein, it appears that: (1) 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 other means to redress adequately the alleged wrong or obtain the requested action. Barnett v. Broderick, 84 Haw. 109, 111, 929 P.2d 1359, 1361 (1996) (citation omitted); (2) mandamus relief is available to compel officials 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. Id.; and (3) Petitioner fails to provide sufficient information for this court to determine whether he is entitled to any relief. Therefore,

IT IS HEREBY ORDERED that the petition is denied without prejudice to a subsequent petition that provides sufficient information for the court to determine whether Petitioner is entitled to any relief.


Summaries of

Padilla v. Third Circuit Court Clerks

Supreme Court of Hawaii
May 12, 2004
26521 (Haw. May. 12, 2004)
Case details for

Padilla v. Third Circuit Court Clerks

Case Details

Full title:SHAYNE J. PADILLA, Petitioner v. THIRD CIRCUIT COURT CLERKS, Respondents

Court:Supreme Court of Hawaii

Date published: May 12, 2004

Citations

26521 (Haw. May. 12, 2004)