Yellen v. Circuit Court, Third Circuit ( 2023 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
12-JAN-2023
07:57 AM
Dkt. 6 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
________________________________________________________________
MIKE YELLEN, Petitioner,
vs.
CIRCUIT COURT, THIRD CIRCUIT, STATE OF HAWAIʻI, Respondent.
________________________________________________________________
ORIGINAL PROCEEDING
(3CCV-XX-XXXXXXX)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS WITHOUT PREJUDICE
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of the petition for writ of
mandamus filed on November 30, 2022, and the record,
Petitioner’s request for relief in 3CCV-XX-XXXXXXX is before
Judge Henry Nakamoto, and, as such, should be addressed by the
circuit court. An extraordinary writ is not warranted at this
time. Kema v. Gaddis, 91 Hawaiʻi 200, 204, 982 P.2d 334, 338
(1999) (stating that a writ of mandamus will not issue unless
the petitioner demonstrates a clear and indisputable right to
relief and a lack of other means to obtain relief).
It is ordered that the petition is denied without
prejudice to Petitioner filing another petition for writ of
mandamus should the circuit court not act on the pending matters
in 3CCV-XX-XXXXXXX.
It is further ordered that the appellate clerk shall
serve a copy of the petition and this order on Judge Henry
Nakamoto.
DATED: Honolulu, Hawaiʻi, January 12, 2023.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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