Cullen v. Heely

Opinion

Electronically Filed

Supreme Court

SCPW-15-0000952

20-JAN-2016

01:09 PM

SCPW-15-0000952

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

PAUL KAUKA CULLEN, also known as PAUL KAUKA NAKI, Petitioner, vs.

THE HONORABLE ADRIANNE N. HEELY, JUDGE OF THE DISTRICT COURT OF THE SECOND CIRCUIT, MOLOKA#I DIVISION, STATE OF HAWAI#I, Respondent Judge,

and

RICHARD P. PERREIRA and GWENDOLYN H. PERREIRA, Respondents.

ORIGINAL PROCEEDING

(DC CIVIL NO. 13-1-0122)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of petitioner Paul Kauka Cullen’s petition for a writ of mandamus, filed on December 24, 2015, the documents attached thereto and submitted in support thereof, and the record, it appears that 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. Petitioner, therefore, is not entitled to a writ of mandamus. 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). Accordingly, IT IS HEREBY ORDERED that the petition for writ of mandamus is denied.

DATED: Honolulu, Hawai#i, January 20, 2016.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson