Prescott v. To'oto'o

Electronically Filed
Supreme Court
SCPW-18-0000415
30-MAY-2018
01:08 PM
SCPW-18-0000415
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
PATRICK PRESCOTT, Petitioner,
vs.
THE HONORABLE FA’AUUGA TO’OTO’O, JUDGE OF THE CIRCUIT COURT
OF THE FIRST CIRCUIT, STATE OF HAWAI#I, Respondent Judge,
and
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(S.P.P. NO. 14-1-1836-08)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Patrick Prescott’s
petition for writ of mandamus, filed on May 17, 2018, and the
record, it appears that although the petition was filed almost
nine months ago, there is no showing that the petition was served
on the State of Hawai#i (“State”) or that petitioner is unable to
effect prompt service of the petition on the State in order to
trigger a response to the petition. See HRPP Rules 40(d), (f),
and (g). Thus, 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. 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; rather, it is meant
to restrain a judge of an inferior court who has exceeded his or
her jurisdiction, has committed a flagrant and manifest abuse of
discretion, or has refused to act on a subject properly before
the court under circumstances in which he or she has a legal duty
to act). 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, May 30, 2018.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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