O'Brien v. Browning ( 2010 )

Electronically Filed
Supreme Court
SCPW-10-0000049
09-NOV-2010
12:42 PM
NO. SCPW-10-0000049
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
PATRICK W. O'BRIEN, Petitioner,
vs.
THE HONORABLE R. MARK BROWNING, JUDGE OF THE CIRCUIT COURT
OF THE FIRST CIRCUIT; ISLAND MOVERS, INC.; DUSTIN ZAMORA;
HENDERSON GALLAGHER & KANE; JOHN R. WIENOLD; DEPARTMENT OF
VETERAN'S AFFAIRS; and TRIPLER ARMY MEDICAL CENTER,
Respondents.
ORIGINAL PROCEEDING
(CIVIL NO. 08-1-1740-08)
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, and Duffy, JJ.
and Circuit Judge Alm, assigned by reason of vacancy)
Upon consideration of petitioner Patrick W. O'Brien's
"Complaint of Crimes, Misconduct, Discrimination, and Toleration
of Wrongdoings," which is deemed a petition for a writ of
prohibition, it appears that petitioner fails to demonstrate a
clear and disputable right to relief. Therefore, petitioner is
not entitled to extraordinary relief. See HRS § 602-5(3) (Supp.
2009) ("The supreme court shall have jurisdiction and power . . .
to exercise original jurisdiction in all questions arising under
writs directed to courts of inferior jurisdiction and returnable
before the supreme court."); Kema v. Gaddis, 91 Hawai'i 200, 204,
982 P.2d 334, 338 (1999) (A writ of prohibition is an
extraordinary remedy that will not issue unless the petitioner
demonstrates a clear and indisputable right to relief and a lack
of alternative means to redress adequately the alleged wrong or
obtain the requested action.). Accordingly,
IT IS HEREBY ORDERED that the clerk of the appellate
court shall process the petition for a writ of prohibition
without payment of the filing fee.
IT IS FURTHER ORDERED that the petition for a writ of
prohibition is denied.
DATED: Honolulu, Hawai'i, November 9, 2010.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Steven S. Alm
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