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

• Court: Hawaii Supreme Court
• Decided: October 14, 2011
• Docket: SCPW-11-0000733
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-11-0000733 14-OCT-2011 09:35 AM

NO. SCPW-11-0000733

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

RAYMOND GONSALVES, Petitioner,

vs.

DISTRICT CIRCUIT COURT OF THE FIRST CIRCUIT,

STATE OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING

(CASE NOS. 1DTI-06-012226, 1DTI-06-024476, 1DTI-06-119492,

1DTI-06-120263, 1DTC-06-013780, 1DTI-07-036645, 1DTI-07-032679,

1DTI-07-166063, 1DTI-07-166045, 1DTI-07-165292, 1DTI-07-177024,

1DTI-07-118898, 1DTI-08-038923, and 1DTI-08-008347)

ORDER

(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)

Upon consideration of petitioner Raymond Gonsalves'

petition for a writ of mandamus and the papers in support, it

appears that petitioner fails to demonstrate a clear and

indisputable right to relief. Therefore, petitioner is not

entitled to mandamus 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.). Accordingly,

IT IS HEREBY ORDERED that the clerk of appellate court

shall process the petition for 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, October 14, 2011.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ James E. Duffy, Jr.

/s/ Sabrina S. McKenna