Burgess v. Department of Human Services

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Electronically Filed Supreme Court SCPW-21-0000450 20-JAN-2022 11:24 AM Dkt. 22 ODDP SCPW-21-0000450 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ JOHN TIMOTHY BURGESS, Petitioner, vs. DEPARTMENT OF HUMAN SERVICES, ET AL., Respondent. ORIGINAL PROCEEDING ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.) Upon consideration of the petition for writ of mandamus, filed on January 4, 2022, petitioner fails to demonstrate that he is entitled to the requested extraordinary 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; such a writ is not intended to supersede the legal discretionary authority of the trial courts, cure a mere legal error, or serve as a legal remedy in lieu of normal appellate procedures). Therefore, It is ordered that the petition for writ of mandamus is denied. It is 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, Hawai#i, January 20, 2022. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Michael D. Wilson /s/ Todd W. Eddins 2

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