Say v. Circuit Court of the Fifth Circuit

• Court: Hawaii Supreme Court
• Decided: January 6, 2011
• Docket: SCPW-10-0000231
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-10-0000231 06-JAN-2011 09:12 AM

NO. SCPW-10-0000231

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

BYRON SAY, Petitioner,

vs.

CIRCUIT COURT OF THE FIFTH CIRCUIT,

STATE OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING

(CASE NO. SP 10-1-0024)

ORDER

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

and Circuit Judge Garibaldi, assigned by reason of vacancy)

Upon consideration of petitioner Byron Say's petition

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

petitioner's September 28, 2010 "Motion to Compel [the circuit]

Court to Answer [the May 17, 2010 petition]" was responded to by

the circuit court, on October 13, 2010, by a memorandum from the

legal documents branch. Accordingly, petitioner fails to

demonstrate that the circuit court is not responding to the

May 17, 2010 petition and that he is entitled to extraordinary

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.). Therefore,

IT IS HEREBY ORDERED that the clerk of the appellate

court shall process the petition for a 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, January 6, 2011.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ James E. Duffy, Jr.

/s/ Colette Y. Garibaldi