Anderson v. DWS

Anderson v. DWS

IN THE UTAH COURT OF APPEALS

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Michael T. Anderson,

Petitioner,

v.

Department of Workforce Services,

Respondent.

MEMORANDUM DECISION

(Not For Official Publication)
 

Case No. 20030039-CA
 

F I L E D

(February 27, 2003)
 

2003 UT App 56

 

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Original Proceeding in this Court

Attorneys: Michael T. Anderson, Salt Lake City, Petitioner Pro Se

Lorin R. Blauer, Salt Lake City, for Respondent

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Before Judges Bench, Davis, and Thorne.

PER CURIAM:

Michael T. Anderson petitions this court for an extraordinary writ directing the Department of Workforce Services (DWS) to pay him unemployment benefits it is withholding until he completes an unemployment eligibility review.

"[T]he granting of the writ is always a matter of discretion with this court and never a matter of right on behalf of the applicant." State v. Ruggeri, 19 Utah 2d 216, 429 P.2d 969, 971 (1967). Furthermore, we may not grant the petition for extraordinary writ unless "no other plain, speedy and adequate remedy is available." Utah R. Civ. P. 65B(a). In the present case, Anderson has not exhausted the numerous administrative remedies available to him. Moreover, DWS concedes in its response that barring any unforeseen issues being presented, Anderson's benefits could resume immediately if he would contact DWS and cooperate in the eligibility review.

Accordingly, the petition for extraordinary writ is denied as frivolous on its face because Anderson has other plain,

speedy, and adequate remedies available through the administrative process.

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Russell W. Bench, Judge

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James Z. Davis, Judge

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William A. Thorne Jr., Judge