NO. 26550



IN THE SUPREME COURT OF THE STATE OF HAWAI`I




CALVIN FLOURNOY JR., Petitioner


vs.


CIRCUIT COURT OF THE SECOND CIRCUIT,
COUNTY OF MAUI, STATE OF HAWAI`I, Respondent


ORIGINAL PROCEEDING


ORDER DENYING APPLICATION FOR WRIT OF MANDAMUS
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon consideration of Petitioner Calvin Flournoy Jr.'s application for a writ of mandamus, the papers in support, and the records and files herein, it appears that Petitioner fails to demonstrate that he is entitled to a writ of mandamus. Therefore,

IT IS HEREBY ORDERED that the application for a writ of mandamus is denied without prejudice to any remedy Petitioner may have in the circuit court and without prejudice to any remedy Petitioner may have by way of appeal.

DATED: Honolulu, Hawai`i, June 17, 2004.


Calvin Flournoy, Jr.,
petitioner pro se,
on the writ