Virtudes v. Johnson

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NO. 26148 IN THE SUPREME COURT OF THE STATE OF HAWAI#I JAYSON A. VIRTUDES, Petitioner vs. TOMMY JOHNSON, ADMINISTRATOR, H.P.A. ; MARY J. TIWINAK, ACTING CHAIRPERSON H.P.A. ; ALBERT TUFONO, BOARD MEMBER, H.P.A. ; TED SAKAI, WARDEN, W.C.F. ; CRISTY YOKOYAMA, PROGRAM COMMITTEE CHAIRPERSON, W.C.F. ; LOIS TORIKAWA, COMMITTEE MEMBER, W.C.F. ; JULIE WAGATSUMA COMMITTEE MEMBER, W.C.F. ; CHARLES RIVERA, Tx. COUNSELOR, KASHBOX PROGRAM, W.C.F. ; STATE OF HAWAI#I; and JOHN AND MARY DOES, 1-50, Respondents/Defendants ORIGINAL PROCEEDING (By: ORDER DENYING PETITION FOR A WRIT OF MANDAMUS Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon consideration of the petition for a writ of mandamus filed by Petitioner Jayson A. Virtudes and the papers in support, it appears that: (1) Petitioner is seeking a writ directing the Hawaii Paroling Authority to release him on parole; (2) 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) (citing Straub Clinic & Hospital v. Kochi, 81 Hawai#i 410, 414, 917 P.2d 1284, 1288 (1996)); (3) 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. Barnett, 84 Hawai#i at 111, 929 P.2d at 1351 (citing Azurin v. Von Raab, 803 F.2d 993 (9th Cir. 1986) cert. denied, 483 U.S. 1021 (1987)); (4) Petitioner has an alternative to writ of mandamus, see Turner v. Hawaii Paroling Authority, 93 Hawai#i 298, 1 P.3d 768 (App. 2000); and (5) Petitioner fails to demonstrate that he is entitled to mandamus relief. Therefore, IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied. DATED: Honolulu, Hawai#i, October 28, 2003. Jayson A. Virtudes, petitioner pro se, on the petition 2

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