_` '*.W UBRAFW NO. 30465

§§ §§ m 3 IN THE SUPREME COURT OF THE*STATE OF HAWA §§ §§ ANTHONY GOUVEIA, P€titiOH€I, §§ vs. n 99 DEPARTMENT OF PUBLIC SAFETY, STATE OF HAWAI‘I, R€Sp d€Ht.

ORIGINAL PROCEEDlNG ORDER (By: Moon, Nakayama, Acoba, C.J., Duffy, and Recktenwald, JJ.)

Upon consideration of the petition for a writ of mandamus filed by petitioner Anthony Gouveia, it appears that petitioner fails to demonstrate a clear and indisputable right to relief. Therefore, petitioner is not entitled to mandamus relief. ee HRS § 602-5(3) <suppf 2009) (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 DisciplinarV Bd. Of Hawaii Supreme Court, 368,

Hawaifi 363, 984 P.2d 688, 693 (l999) (Mandamus relief is available to compel an official to perform a duty allegedly owedi 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.); Salling v. Moon, lO98, lO99 n.3 Hawafi 273, 274 n. 3, 874 P.2d (l994) (A duty is ministerial where the law prescribes and defines the duty to be performed with such precision and certainty as to leave nothing to the exercise of discretion and judgment.). Accordingly, @3‘\\.:1 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, HawaiUq' May l2, 20lO.

JSO'»*/f/L@z O. &/f>~ /@\M' seq Q@mLa»&AQJ9\~ /77»»\'\¢‘:`. /L¢@Q`L»v<@/