Grindling v. The Circuit Court of the Second Circuit of the State of Hawaii ( 2016 )


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  •                                                        Electronically Filed
    Supreme Court
    SCPW-15-0000964
    20-JAN-2016
    12:49 PM
    SCPW-15-0000964
    IN THE SUPREME COURT OF THE STATE OF HAWAI#I
    CHRISTOPHER GRINDLING, Petitioner,
    vs.
    THE CIRCUIT COURT OF THE SECOND CIRCUIT OF THE STATE OF HAWAI#I
    and STATE OF HAWAI#I, Respondents.
    ORIGINAL PROCEEDING
    (CR. NOS. 15-1-0347(2), 15-1-0564(4), and 15-1-0968(3))
    ORDER DENYING PETITION FOR WRIT OF MANDAMUS
    (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
    Upon consideration of Petitioner Christopher
    Grindling’s petition for a writ of mandamus, filed on December
    30, 2015, and the record, it appears that Petitioner fails to
    demonstrate that he has a clear and indisputable right to the
    requested relief or that he lacks alternative means to seek
    relief.   Petitioner, therefore, is not entitled to the requested
    writ of mandamus.   See Kema v. Gaddis, 91 Hawai#i 200, 204, 
    982 P.2d 334
    , 338 (1999) (a writ of mandamus 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 petition for a writ of
    mandamus is denied.
    IT IS HEREBY FURTHER ORDERED that the clerk of the
    appellate court shall process the petition for a writ mandamus
    without payment of the filing fee.
    DATED: Honolulu, Hawai#i, January 20, 2016.
    /s/ Mark E. Recktenwald
    /s/ Paula A. Nakayama
    /s/ Sabrina S. McKenna
    /s/ Richard W. Pollack
    /s/ Michael D. Wilson
    2
    

Document Info

Docket Number: SCPW-15-0000964

Filed Date: 1/20/2016

Precedential Status: Precedential

Modified Date: 1/21/2016