NO. 29667
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
RICHARD B. RAPOZO, Petitioner,
vs.
THE HONORABLE
RICHARD K. PERKINS, JUDGE OF THE CIRCUIT
COURT OF THE
FIRST CIRCUIT, STATE OF HAWAI‘I, Respondent.
ORIGINAL PROCEEDING
(SPP NO.
08-1-0003)
ORDER
(By: Moon,
C.J., Nakayama, Acoba, and Duffy, JJ., and
Intermediate
Court of Appeals Chief Judge Recktenwald,
assigned by
reason of vacancy)
Upon consideration of the petition for a writ of mandamus filed by
petitioner Richard B. Rapozo, it appears that
petitioner fails to demonstrate a clear and indisputable right to
relief. See Kema
v. Gaddis, 91 Hawai‘i 200, 204-05, 982 P.2d 334, 338-39 (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 process the
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.
DATED: Honolulu,
Hawai‘i, March 13, 2009.