NO. 29245
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
MICHAEL C.
TIERNEY, Petitioner,
vs.
THE HONORABLE
TRUDY K.T. SENDA, JUDGE OF THE DISTRICT
COURT OF THE
FIFTH CIRCUIT, STATE OF HAWAI‘I and
THE HONORABLE
PAULA MATAYOSHI, JUDGE OF THE DISTRICT
COURT OF THE
FIRST CIRCUIT, STATE OF HAWAI‘I, Respondents.
ORIGINAL PROCEEDING
ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of Michael Tierney's June 26, 2008 letter to the
supreme court, which is deemed a petition for a writ of mandamus, it
appears that the relief
sought from the supreme court may be sought from the district courts of
the first and fifth circuits. Therefore, petitioner is not entitled to
mandamus 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.). Accordingly,
IT IS HEREBY
ORDERED that the clerk of the appellate court shall file petitioner's
letter as a 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 without
prejudice to petitioner seeking relief from the district courts of the
first
and fifth circuits.
DATED: Honolulu,
Hawai‘i, July 16, 2008.