NO. 26521
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
SHAYNE J.
PADILLA, Petitioner
vs.
THIRD CIRCUIT
COURT CLERKS, Respondents
ORIGINAL
PROCEEDING
ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration
of Petitioner Shayne James Padilla's petition for a writ of
mandamus, the papers in support, and the records and files herein, it
appears
that: (1) 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
other 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)
(citation omitted); (2) mandamus relief is available to compel
officials 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. Id.; and (3) Petitioner
fails to provide sufficient information for this court to determine
whether he is
entitled to any relief. Therefore,
IT IS HEREBY
ORDERED that the petition is denied without prejudice to a subsequent
petition that provides sufficient information for the court to
determine whether
Petitioner is entitled to any relief.
DATED: Honolulu,
Hawai`i, May 12, 2004.
Shayne J. Padilla,
petitioner pro
se,
on the writ