NO. 28347
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
FRANCIS A. GRANDINETTI, II, Inmate
SID#: A-0185087,
Hawai`i FDC Branch, TCCF #213444, Petitioner
vs.
EDWIN T. SHIMODA, PSD IDA; SHARI KIMOTO, PSD FDC Branch;
ERIC TANAKA, PSD HCF Mainland Contracts; LEE A. REDDIX,
UTM FDC/TCCF; JODY BRADLEY, DBCF COS, TCCF A/W;
Other Agents for PSD CORRECTIONS, Respondents
ORIGINAL PROCEEDING
ORDER
(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of petitioner Francis Grandinetti, II's "application
for a writ of habeas corpus and application for a
preliminary injunction," which is deemed a petition for a writ of
prohibition and mandamus, and the papers in support, it
appears that HRS § 353-16.2 (Supp. 2006) authorized the director
of public safety to transfer petitioner to and between out-of-state
correctional institutions. Petitioner's claim of unlawful transfers to
and between out-of-state correctional
institutions is not supported by any evidence and the claim is not
clear and certain. Therefore, petitioner has failed to
demonstrate a clear and indisputable right to relief and is not
entitled to a writ of prohibition and mandamus. See In Re
Disciplinary Bd. of Hawaii Supreme Court, 91 Hawai`i 363, 984
P.2d 688 (1999)(Prohibition and/or 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.). Therefore,
IT IS HEREBY
ORDERED that the petition for a writ of prohibition and mandamus is
denied.
DATED: Honolulu,
Hawai`i, January 26, 2007.
Francis A. Grandinetti,
Petitioner, pro se,
on the petition