NO. 28804
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
ALVIN
JARDINE, Petitioner,
vs.
THOMAS L.
READ, Administrator, Offender Management,
Department of
Public Safety; NETTIE SIMMONS, Offender
Management,
Department of Public Safety, Respondents.
ORIGINAL PROCEEDING
ORDER
(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration
of the petition for a writ of mandamus and/or prohibition by petitioner
Alvin Jardine and the papers in
support, it appears that (1) petitioner fails to demonstrate that his
maximum term release date, as computed by the
Department of Public Safety on June 28, 2007, is not commensurate with
the maximum term of imprisonment imposed by
the circuit court, and (2) petitioner's challenge of his maximum term
release date as not commensurate with the maximum
term of imprisonment imposed by the circuit court is a challenge to the
legality of petitioner's custody for which relief is
available from the circuit court pursuant HRPP Rule 40 (cf. Williamson v. Hawai‘i Paroling
Auth.,
97 Hawai‘i 183, 187,
35 P.3d 210, 214 (2001)). Therefore, petitioner is not entitled to a
writ of mandamus or prohibition. See Kema v. Gaddis,
91 Hawai‘i 200, 204, 982 P.2d 334, 338 (1999) (A writ of mandamus or
prohibition 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.).
Accordingly, IT IS HEREBY ORDERED that the petition for a writ
of mandamus and/or
prohibition is denied.
DATED: Honolulu,
Hawai‘i, November 19, 2007.