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Anderson v. DWS
IN THE UTAH COURT OF APPEALS
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Michael T. Anderson,
Petitioner,
v.
Department of Workforce Services,
Respondent.
MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20030039-CA

F I L E D
(February 27, 2003)

2003 UT App 56
Original Proceeding in this Court
Attorneys: Michael T. Anderson, Salt Lake City, Petitioner Pro Se
Lorin R. Blauer, Salt Lake City, for Respondent
Before Judges Bench, Davis, and Thorne.
PER CURIAM:
Michael T. Anderson petitions this court for an extraordinary writ directingthe Department of Workforce Services (DWS) to pay him unemployment benefits itis withholding until he completes an unemployment eligibility review.
"[T]he granting of the writ is always a matter of discretion with this courtand never a matter of right on behalf of the applicant." State v. Ruggeri, 19 Utah 2d 216, 429 P.2d 969, 971 (1967). Furthermore, we may not grant thepetition for extraordinary writ unless "no other plain, speedy and adequateremedy is available." Utah R. Civ. P. 65B(a). In the present case, Anderson hasnot exhausted the numerous administrative remedies available to him. Moreover,DWS concedes in its response that barring any unforeseen issues beingpresented, Anderson's benefits could resume immediately if he would contact DWSand cooperate in the eligibility review.
Accordingly, the petition for extraordinary writ is denied as frivolous on itsface because Anderson has other plain,
speedy, and adequate remedies available through the administrative process.
file:///C|/Users/Peter/Desktop/Opinions/anderson022703.htm[5/10/2013 6:26:17 PM]
Anderson v. DWS
Russell W. Bench, Judge
James Z. Davis, Judge
William A. Thorne Jr., Judge
file:///C|/Users/Peter/Desktop/Opinions/anderson022703.htm[5/10/2013 6:26:17 PM]

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