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Michael C. Tierney v. Tommy Liu Grievance Specialist of the Department

IN THE SUPREME COURT OF THE STATE OF HAWAII


April 29, 2013

MICHAEL C. TIERNEY,
PETITIONER,
v.
TOMMY LIU GRIEVANCE SPECIALIST OF THE DEPARTMENT OF PUBLIC SAFETY FOR THE STATE OF HAWAII,
RESPONDENT

Electronically Filed Supreme Court SCPW-13-0000416 29-APR-2013 01:30 PM

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 April 18, 2013, and the documents attached thereto and submitted in support thereof, it appears that petitioner fails to demonstrate that respondent is destroying or refusing to respond to properly submitted grievances or that respondent has a duty to reinstate his inmate classification so that he can participate in work furlough. Petitioner, therefore, is not entitled to mandamus relief. See Kema v. Gaddis, 91 Hawaii 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 Hawaii 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 a writ of mandamus is denied.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack

20130429

© 1992-2013 VersusLaw Inc.



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