Yellen v. Circuit Court, Third Circuit

• Court: Hawaii Supreme Court
• Decided: January 12, 2023
• Docket: SCPW-22-0000717
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-XX-XXXXXXX 12-JAN-2023 07:57 AM Dkt. 6 ODDP

SCPW-XX-XXXXXXX IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________

MIKE YELLEN, Petitioner,

vs.

CIRCUIT COURT, THIRD CIRCUIT, STATE OF HAWAIʻI, Respondent. ________________________________________________________________

ORIGINAL PROCEEDING (3CCV-XX-XXXXXXX)

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

Upon consideration of the petition for writ of

mandamus filed on November 30, 2022, and the record,

Petitioner’s request for relief in 3CCV-XX-XXXXXXX is before

Judge Henry Nakamoto, and, as such, should be addressed by the

circuit court. An extraordinary writ is not warranted at this

time. Kema v. Gaddis, 91 Hawaiʻi 200, 204, 982 P.2d 334, 338

(1999) (stating that a writ of mandamus will not issue unless

the petitioner demonstrates a clear and indisputable right to

relief and a lack of other means to obtain relief). It is ordered that the petition is denied without

prejudice to Petitioner filing another petition for writ of

mandamus should the circuit court not act on the pending matters

in 3CCV-XX-XXXXXXX.

It is further ordered that the appellate clerk shall

serve a copy of the petition and this order on Judge Henry

Nakamoto.

DATED: Honolulu, Hawaiʻi, January 12, 2023.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Michael D. Wilson

/s/ Todd W. Eddins