NO. 30190
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
LOREN D. HAMMOND, Petitioner,
vs.
DEPARTMENT OF
PUBLIC SAEFTY, STATE OF HAWAI‘I, Respondent.
ORIGINAL PROCEEDING
ORDER
(By: Moon,
C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)
Upon consideration of Loren D. Hammond's November 19, 2009 letter,
which is deemed a petition for a writ of
mandamus, it appears that petitioner fails to present a clear and
certain claim for relief and therefore, petitioner is not
entitled to mandamus relief. See
Act 75, 26th Leg., Reg. Sess. (2009); 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
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.
DATED: Honolulu,
Hawai‘i, December 3, 2009.