Electronically Filed
Supreme Court
SCPW-16-0000677
27-OCT-2016
09:44 AM
SCPW-16-0000677
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
CHRISTOPHER LEE SLAVICK, Petitioner,
vs.
HALAWA CORRECTIONAL FACILITY ET AL., 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 “Petition and/or Motion for Writ of Mandamus for
Emergency Action,” filed on October 13, 2016, which we review as
a petition for writ of mandamus, we conclude petitioner fails to
demonstrate that he is entitled to the requested writ of
mandamus, either because petitioner failed to establish his
right to relief is indisputable, or because an alternate remedy
exists, or both. See Kema v. Gaddis, 91 Hawaiʻi 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 Hawaiʻi 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, Hawaiʻi, October 27, 2016.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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