Electronically Filed
Supreme Court
SCPW-13-0000079
15-MAR-2013
08:39 AM
SCPW-13-0000079
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MICHAEL C. TIERNEY, Petitioner,
vs.
BERT Y. MATSUOKA; MICHAEL A. TOWN, JOYCE
MATSUMORI-HOSHIJO, of the Hawaii Paroling Authority, Respondents.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Michael C. Tierney’s
petition for a writ of mandamus, which was filed on February 7,
2013, and the motion to amend the petition for a writ of
mandamus, which was filed on February 25, 2013 and granted on
February 28, 2013, it appears that petitioner fails to
demonstrate that the Hawai#i Paroling Authority owes him a duty
to discharge him from his sentence and provide him gate money and
clothes. See HRS § 706-670(4) (1993) (the granting of parole is
within the discretion of the HPA and is not a ministerial duty
subject to mandamus relief). Petitioner, therefore, is not
entitled to mandamus 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); In re Disciplinary Bd. of Hawai#i
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); Salling v. Moon, 76 Hawai#i 273, 274 n.3,
874 P.2d 1098, 1099 n.3 (1994) (“A duty is ministerial where the
law prescribes and defines the duty to be performed with such
precision and certainty as to leave nothing to the exercise of
discretion and judgment.”). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, March 15, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
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