Cullen v. Heely ( 2016 )

Electronically Filed
Supreme Court
SCPW-15-0000952
20-JAN-2016
01:09 PM
SCPW-15-0000952
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
PAUL KAUKA CULLEN, also known as PAUL KAUKA NAKI, Petitioner,
vs.
THE HONORABLE ADRIANNE N. HEELY, JUDGE OF THE DISTRICT COURT
OF THE SECOND CIRCUIT, MOLOKA#I DIVISION, STATE OF HAWAI#I,
Respondent Judge,
and
RICHARD P. PERREIRA and GWENDOLYN H. PERREIRA, Respondents.
ORIGINAL PROCEEDING
(DC CIVIL NO. 13-1-0122)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Paul Kauka Cullen’s
petition for a writ of mandamus, filed on December 24, 2015, the
documents attached thereto and submitted in support thereof, and
the record, it appears that petitioner fails to demonstrate that
he has a clear and indisputable right to the requested relief or
a lack of alternative means to seek relief at this time.
Petitioner, therefore, is not entitled to a 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 writ of
mandamus is denied.
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
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