Vidal v. State, Department of Labor and Industrial Relations

Electronically Filed Supreme Court SCOT-10-0000057 03-NOV-2010 08:58 AM NO. SCOT-10-0000057

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

ALLEN VIDAL, Petitioner,

vs.

STATE OF HAWAI'I, DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, Respondent.

ORIGINAL PROCEEDING

(CASE NO. 02-04-41062)

ORDER

(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, JJ.

and Circuit Judge To'oto'o, assigned by reason of vacancy)

Upon consideration of petitioner Allen Vidal’s “Complaint of Disparate Treatment,” which is deemed a petition for a writ of mandamus, it appears that petitioner fails to demonstrate that he is entitled to mandamus relief. See HRS § 602-5(3) (2009) (“The supreme court shall have jurisdiction and power . . . [t]o exercise original jurisdiction in all questions . . . arising under writs of mandamus directed to public officers to compel them to fulfill the duties of their offices[.]”); In re. Disciplinary Bd. Of the 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 *2 to be free from doubt, and no other remedy is available.). Therefore,

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, November 3, 2010.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ James E. Duffy, Jr.

/s/ Fa'auuga To'oto'o