Hysell v. Pleasant Valley State Prison
Appellant, Douglas William Hysell, an inmate at Pleasant Valley State Prison (Pleasant Valley), filed a petition for writ of mandate naming the Pleasant Valley warden and various Pleasant Valley staff members as respondents. Appellant alleged that respondents had a mandatory duty to deliver packages from approved vendors within 15 days of their arrival and that he had not been receiving his packages within that time limit. In support of his position, appellant set forth various examples of his having received a package late. Appellant further alleged that respondents had improperly rejected the administrative appeals that he had filed regarding his packages. Appellant requested the trial court to order respondents to: timely deliver vendor packages; not retaliate against inmates by withholding packages; and properly file and process appeals.
Respondents demurred to the petition. Respondents argued that appellant had failed to exhaust his administrative remedies in that he did not correct and resubmit the rejected appeals. Respondents further asserted that appellant failed to state a claim for relief because he had not presented an actual case or controversy for resolution. Rather, appellant was seeking an advance order for anticipatory claims.
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