NO. 29737
JANICE K. M. CHUNG KELIIHANANUI, Petitioner,
vs.
DR. EVANS,
PSYCHIATRIST, OAHU COMMUNITY CORRECTIONAL
CENTER,
Respondent.
ORIGINAL PROCEEDING
ORDER
(By: Moon,
C.J., Nakayama, Acoba, and Duffy, JJ. and
Intermediate
Court of Appeals Judge Nakamura,
assigned by
reason of vacancy)
Upon consideration of the April 1, 2009 letter submitted to the supreme
court by Janice K. M. Chung Keliihananui, which
is deemed a petition for a writ of mandamus, it appears that petitioner
fails to demonstrate a clear and indisputable right to
relief. Therefore, petitioner is not entitled to mandamus relief. See HRS § 602-5(3)
(Supp. 2008) (The
supreme court has jurisdiction and power to issue writs of mandamus
directed to
public officers to compel them to fulfill the duties of their
offices.); In Re
Disciplinary Bd. Of Hawai‘i 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 process the April
1, 2009 letter as a petition for writ
of mandamus without payment of the filing fee.
IT IS FURTHER
ORDERED that the petition for a writ of mandamus is denied.
DATED: Honolulu,
Hawai‘i, April 21, 2009.