Birthdaysuit v. Gangnes ( 2018 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
27-SEP-2018
01:12 PM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
GYM BIRTHDAYSUIT III, formerly known as James Paul Calzetta
aka James Paul Calzeta, Petitioner,
vs.
THE HONORABLE HILARY B. GANGNES, Judge of the
District Court of the First Circuit, Respondent Judge.
ORIGINAL PROCEEDING
(CIV. NOS. 1SC18-1-2722 and 1SC18-1-2729)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Gym Birthdaysuit III’s
“Petition for the Resignation of the Above Judge,” filed on
September 20, 2018, which we review as a petition for writ of
mandamus, the documents attached thereto and submitted in support
thereof, and the record, it appears that petitioner fails to
demonstrate that he is entitled to the requested relief sought by
way of an extraordinary writ. See HRS 634J-7; 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); Honolulu Advertiser, Inc. v. Takao,
59 Haw. 237, 241, 580 P.2d 58, 62 (1978) (a writ of mandamus is
an extraordinary remedy meant to, among other things, restrain a
judge of an inferior court from acting beyond or in excess of his
or her jurisdiction; it is not intended to supersede the legal
discretionary authority of the trial courts or cure a mere legal
error). Accordingly,
IT IS HEREBY ORDERED that the clerk of the appellate
court shall process the petition for writ of mandamus without
payment of the filing fee.
IT IS HEREBY FURTHER ORDERED that the petition for writ
of mandamus is denied.
DATED: Honolulu, Hawai#i, September 27, 2018.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
2