In re: Nichols

Opinion

Electronically Filed

Supreme Court

SCPW-XX-XXXXXXX

09-JUN-2022

01:46 PM

Dkt. 6 ODDP

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

IN RE NICHOLAS K. NICHOLS

ORIGINAL PROCEEDING

(SCWC-XX-XXXXXXX; CAAP-XX-XXXXXXX; SPP NO. 11-1-0053 (CR. NOS. 08-1-1354 AND 08-1-1762))

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

Upon consideration of Nicholas K. Nichols’

(petitioner’s) letter filed on May 23, 2022, which we construe as a petition for writ of mandamus, and the record, petitioner fails to demonstrate a clear and indisputable right to relief and that he lacks alternative means to seek relief. Petitioner may seek

relief in the circuit court by filing another HRPP Rule 40 petition. An extraordinary writ is not warranted. See Kema v.

Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999) (explaining that 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 ordered that the petition for writ of mandamus is denied.

It is further ordered that the clerk of the appellate court shall process the submission without payment of the filing fees.

DATED: Honolulu, Hawai#i, June 9, 2022.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Michael D. Wilson

/s/ Todd W. Eddins