Grindling v. Cardoza

• Court: Hawaii Supreme Court
• Decided: October 14, 2014
• Docket: SCPW-14-0001103
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-14-0001103 14-OCT-2014 09:32 AM

SCPW-14-0001103

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

CHRISTOPHER GRINDLING, Petitioner,

vs.

THE HONORABLE JOSEPH CARDOZA, JUDGE OF THE CIRCUIT COURT OF THE

SECOND CIRCUIT, STATE OF HAWAI'I, Respondent Judge,

and

STATE OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of Petitioner Christopher

Grindling’s petition for a writ of mandamus, filed on September

5, 2014, the exhibit in support of petition, filed on September

19, 2014, and the record, it appears that Petitioner fails to

demonstrate that he has a clear and indisputable right to a

hearing on the seven filings he lists in the petition or that he

lacks alternative means to seek relief. Petitioner, therefore,

is not entitled to the requested 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 a writ of

mandamus is denied.

DATED: Honolulu, Hawai'i, October 14, 2014.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson