NO. 29056
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
DE MONT R. D. CONNER, Petitioner,
vs.
CLAYTON FRANK, DIRECTOR OF THE DEPARTMENT
OF PUBLIC SAFETY, STATE OF HAWAI‘I,
Respondent.
ORIGINAL PROCEEDING
ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of the petition for a writ of mandamus filed by
petitioner De Mont Conner and the papers in support, it appears that
HRS § 353-16.2 (Supp. 2007) authorized the respondent director
of public safety to transfer petitioner to an out-of-state correctional
institution. The transfer was not prohibited by HRAP 23(a) inasmuch as
(1) HRAP 23 applies to a habeas corpus proceeding initiated
in the supreme court pursuant to HRS § 660-3 (1993) and (2)
petitioner's proceeding in appellate court No. 28240 is an appeal to
the intermediate court of appeals, filed pursuant to HRS §§
641-1(a)
and 641-11 (Supp. 2007), of a habeas corpus proceeding initiated in the
circuit court pursuant to HRPP Rule 40. Therefore, petitioner is not
entitled to mandamus relief. See
In Re Disciplinary Bd. of
Hawaii Supreme Court, 91 Hawai‘i 363, 984 P.2d 688 (1999)
(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.). Accordingly,
IT IS HEREBY ORDERED that the clerk of the appellate court shall
remove the petition for a writ of mandamus from appellate court No.
28240 and process it as an original proceeding without
payment of the filing fee.
IT IS FURTHER ORDERED that the petition for a writ of mandamus is
denied.
DATED: Honolulu, Hawai‘i, March 14, 2008.