Tierney v. District Court of the First Circuit, State of Hawaii

• Court: Hawaii Supreme Court
• Decided: November 3, 2010
• Docket: SCPW-0000018
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-10-0000018 03-NOV-2010 08:40 AM NO. SCPW-10-0000018

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

MICHAEL C. TIERNEY, Petitioner,

vs.

DISTRICT COURT OF THE FIRST CIRCUIT,

STATE OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING

(CIVIL NOS. 1SS09-1-0267, 1SS09-1-0268, 1SS09-1-0269,

1SS09-1-0470, and 1SS09-1-0471)

ORDER

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

and Circuit Judge Garibaldi, assigned by reason of vacancy)

Upon consideration of petitioner Michael C. Tierney's

petition for a writ of mandamus, it appears that petitioner fails

to demonstrate a clear and indisputable right to 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, November 3, 2010.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ James E. Duffy, Jr.

/s/ Colette Y. Garibaldi