Electronically Filed
Supreme Court
SCPW-16-0000452
27-JUN-2016
11:58 AM
SCPW-16-0000452
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
CHRISTOPHER LEE SLAVICK, Petitioner,
vs.
GARY KAPLAN, FRANCIS SEQUEIRA, and
HALAWA CORRECTIONAL FACILITY STAFF, Respondents.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Christopher Lee
Slavick’s “Motion for Writ of Mandamus,” filed on June 8, 2016,
which we review as a petition for writ of mandamus, the documents
attached thereto and submitted in support thereof, and the
record, it appears that, at this time, based on the information
presented in the petition, petitioner fails to demonstrate that
he is entitled to the requested writ of mandamus. 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); Barnett v.
Broderick, 84 Hawai#i 109, 111, 929 P.2d 1359, 1361 (1996)
(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). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied.
IT IS HEREBY FURTHER ORDERED that the clerk of the
appellate court shall process the petition for writ of mandamus
without payment of the filing fee.
DATED: Honolulu, Hawai#i, June 27, 2016.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
2
Slavick v. Kaplan
Combined Opinion