Noghrey v. Bryant

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
15-JUL-2019
11:21 AM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MICHAEL NOGHREY, Petitioner,
vs.
THE HONORABLE JOHN C. BRYANT, JR., Judge of the Family Court of
the First Circuit, State of Hawai#i, Respondent Judge,
and
ZANETA NOGHREY, Respondent.
ORIGINAL PROCEEDING
(FC-D NO. 16-1-1290)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Michael Noghrey’s
petition for writ of mandamus, filed on June 24, 2019, the
documents attached, and the record, it appears that, in light of
the documents submitted to this court in support of the petition,
petitioner fails to demonstrate that he has a clear and
indisputable right to relief and that he lacks alternative means
to seek relief. Petitioner, therefore, is not entitled to the
requested extraordinary writ. See HRS § 601-7; 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; it is meant to restrain a
judge of an inferior court from acting beyond or in excess of his
or her jurisdiction). Accordingly,
IT IS HEREBY ORDERED that the petition is denied.
DATED: Honolulu, Hawai#i, July 15, 2019.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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