Tierney v. District Court of the First Circuit, State of Hawaii

Electronically Filed
Supreme Court
SCPW-10-0000018
03-NOV-2010
08:40 AM
NO. SCPW-10-0000018
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
MICHAEL C. TIERNEY, Petitioner,
vs.
DISTRICT COURT OF THE FIRST CIRCUIT,
STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
(CIVIL NOS. 1SS09-1-0267, 1SS09-1-0268, 1SS09-1-0269,
1SS09-1-0470, and 1SS09-1-0471)
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, and Duffy, JJ.
and Circuit Judge Garibaldi, assigned by reason of vacancy)
Upon consideration of petitioner Michael C. Tierney's
petition for a writ of mandamus, it appears that petitioner fails
to demonstrate a clear and indisputable right to relief. 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.). Therefore,
IT IS HEREBY ORDERED that the clerk of the appellate
court shall process the petition for a writ of mandamus without
payment of the filing fee.
IT IS FURTHER ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai'i, November 3, 2010.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Colette Y. Garibaldi
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