In Re: Evans
This text of In Re: Evans (In Re: Evans) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Electronically Filed Supreme Court SCPW-XX-XXXXXXX 23-SEP-2024 02:19 PM Dkt. 60 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
IN RE BONNY N. EVANS, Petitioner.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., McKenna, Eddins, Ginoza, and Devens, JJ.)
Upon consideration of petitioner Bonny N. Evans’s (1) July
8, 2024 Petition for Writ of Mandamus, (2) July 8, 2024 request
to proceed in forma pauperis, (3) July 24, 2024 correspondence,
which the court construes as a motion (July 24, 2024 motion),
(4) August 16, 2024 Motion for Limited Remand, (5) August 18,
2024 Motion to Stay Parallel Proceedings; (6) August 22, 2024
motion, which we construe as seeking a writ of mandamus (August
22, 2024 petition), and the record,
We conclude that petitioner fails to demonstrate
entitlement to the mandamus relief requested in the July 8, 2024
petition and August 22, 2024 petition. See Womble Bond
Dickinson (US) LLP v. Kim, 153 Hawaiʻi 307, 319, 537 P.3d 1154,
1166 (2023) (requiring a petitioner seeking an extraordinary writ to demonstrate “a clear and indisputable right to the
relief requested and a lack of other means to redress adequately
the alleged wrong or to obtain the requested action” (citation
omitted)). Additionally, Petitioner’s August 16, 2024 Motion
for Limited Remand does not specifically seek relief from this
court.
It is ordered that:
1. The petitioner’s request to proceed in forma pauperis
is granted, and the appellate clerks’ office shall process the
petitions without payment of the filing fee.
2. The July 8, 2024 petition and August 22, 2024 petition
are denied.
3. The July 24, 2024 motion is denied as moot.
4. The August 18, 2024 motion is denied.
5. The August 16, 2024 Motion for Limited Remand is
dismissed.
DATED: Honolulu, Hawaiʻi, September 23, 2024.
/s/ Mark E. Recktenwald
/s/ Sabrina S. McKenna
/s/ Todd W. Eddins
/s/ Lisa M. Ginoza
/s/ Vladimir P. Devens
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