NO. 28374
IN THE SUPREME COURT OF
THE STATE OF HAWAI`I
MICHAEL C.
TIERNEY,
Petitioner,
vs.
DISTRICT
COURT OF THE
FIFTH CIRCUIT, Respondent.
ORIGINAL PROCEEDING
(CASE NOS.
00504068K, A0504068K, B0504068K, C0504068K)
ORDER
(By: Levinson, Nakayama,
Acoba, and Duffy, JJ.,
and Intermediate
Court of Appeals Judge Watanabe, in place
of Intermediate Court of Appeals Judge Nakamura,
previously assigned in place of Moon, C.J., recused)
Upon
consideration of petitioner Michael Tierney's "petition for writ
of habeas corpus," which is deemed a petition for writ of mandamus and
the papers in
support, it appears that the district court correctly instructed
petitioner to seek relief through petitioner's counsel of record
and petitioner makes no assertion that his counsel of record has
refused or ignored petitioner's request
for relief. Therefore, petitioner is not entitled to a writ of
mandamus. See Kema
v. Gaddis,
91 Hawai‘i
200, 204-205, 982
P.2d 334, 338-339 (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.).
Accordingly,
IT IS HEREBY
ORDERED that the
petition for a writ of mandamus is denied. The denial is without
prejudice to seeking relief from the district court through
counsel of record.
DATED: Honolulu,
Hawai‘i,
February 20, 2007.
Michael C.
Tierney, pro
se
on the petition