Texeira v. Beaver
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NO. 25302 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ KELLY S.W. TEXEIRA, Petitioner, vs. ALFRED K. BEAVER, SR., Respondent. _________________________________________________________________ ORIGINAL PROCEEDING (By: ORDER Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon consideration of Petitioner Kelly S. W. Texeira s petition for a writ of mandamus, the papers in support, and the records and files herein, it appears that: (1) Petitioner seeks review of a decision rendered by the Hawaii Paroling Authority regarding the minimum term of imprisonment Petitioner must serve before he becomes eligible for parole; (2) Petitioner fails to demonstrate that he is entitled to a writ of mandamus. See 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 claim is clear and certain, the official s duty is ministerial in nature and so plainly prescribed as to be free from doubt, and no other remedy is available); and (3) Petitioner has an alternative remedy to seek review of a paroling authority decision. See Williamson v. Hawai#i Paroling Authority, 97 Hawai#i 183, 35 P.3d 210 (2001). Therefore, IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied without prejudice to any other remedy Petitioner may have. DATED: Honolulu, Hawai#i, September 19, 2002. 2
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