Tierney v. Nakamura

• Court: Hawaii Supreme Court
• Decided: June 15, 2010
• Docket: 30536
• Status: Published

Opinion

LAW L|BHAF{Y

NO. 30536

IN THE SUPREME COURT OF THE STATE OF HAWAI‘l

MICHAEL C. TIERNEY, P€’l',j_ti©n€r, ==:n €'~.. vs. §§ ;. __ WY THE'. HONORABLE CRAIG H. NAKAMURA, CHIEF JUDGE E 557 INTERMEDIATE COURT OF APPEALS, STATE OF HAWAI‘I, P'C>l'ld€l'l‘*cb a“.”`”-§ § .£~'- 91

ORIGlNAL PROCEEDING

(No. 29993) ORDER (By: Moon, C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.) Upon consideration of petitioner Michael C. Tierney’s it

petition for a writ of mandamus and the papers in support,

appears that the transcripts for the record on appeal in NO. 20lO, whereupon appellate

29993 were not completed until June 3, counsel filed petitioner’s opening brief on June 7, 20lO.

petitioner fails to demonstrate a clear and See Kema v. Gaddis, 9l

(A writ of mandamus is

Therefore, indisputable right to mandamus relief;

HawaiT_200, 204, 982 P.2d 334, 338 (l999) 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 lS HEREBY ORDERED that the petition for a writ of

mandamus is denied. DATED: Honolulu, HawaiTq June 15, 2010_

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