Maddox v. Loo

Opinion

Electronically Filed

Supreme Court

SCPW-15-0000515

27-JUL-2015

01:46 PM

SCPW-15-0000515

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

MICKEY A. MADDOX, Petitioner,

vs.

THE HONORABLE RHONDA LOO, JUDGE OF THE CIRCUIT COURT OF THE SECOND CIRCUIT, STATE OF HAWAI'I, Respondent Judge,

and

STATE OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING

(CAAP-14-0001016; CIV. NO. 13-1-0900)

ORDER DENYING WITHOUT PREJUDICE APPLICATION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of Petitioner Mickey A. Maddox’s

“Application for Writ of Mandamus Directed to Judge Rhonda Loo,”

filed on July 10, 2015, and the record, it appears that

Petitioner is currently seeking identical relief in the circuit

court and, therefore, the requested writ of mandamus is not

appropriate at this juncture. See Kema v. Gaddis, 91 Hawai'i 200, 204-05, 982 P.2d 334, 338-39 (1999) (a writ of mandamus is

2

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; it is meant to restrain a judge of

an inferior court who has exceeded his or her jurisdiction, has

committed a flagrant and manifest abuse of discretion, or has

refused to act on a subject properly before the court under

circumstances in which he or she has a legal duty to act).

Accordingly,

IT IS HEREBY ORDERED that the appellate clerks’ office

shall process the application for a writ of mandamus without

payment of the filing fee.

IT IS HEREBY FURTHER ORDERED that the application for a

writ of mandamus is denied without prejudice.

DATED: Honolulu, Hawai'i, July 27, 2015.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson