NO. 29292
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
DENNIS L.
CAMPBELL, Petitioner,
vs.
HAWAII
COMMUNITY CORRECTIONAL CENTER, Respondent.
ORIGINAL PROCEEDING
ORDER
(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration
of Dennis L. Campbell's July 21, 2008 papers to the supreme court,
which is deemed a petition for a
writ of mandamus, it appears that petitioner fails to demonstrate that
he sought and was denied relief from the director of
public safety. Therefore, petitioner is not entitled to mandamus
relief. See In Re Disciplinary Bd. of Hawaii
Supreme
Court, 91 Hawai‘i 363, 368, 984 P.2d 688, 693 (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 file petitioner's
papers as a petition for a writ of
mandamus without payment of the filing fee.
IT IS FURTHER
ORDERED that the petition for a writ of mandamus is denied without
prejudice to petitioner seeking
relief from the director of public safety.
IT IS FINALLY ORDERED that the petitioner's request for permission from
this court to file a lawsuit against the State of
the Hawaii is denied as unnecessary inasmuch as such permission is not
required by law.
DATED: Honolulu,
Hawai‘i, August 7, 2008.