NO. 29872
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
MICHAEL C. TIERNEY, Petitioner,
vs.
THE HONORABLE
RICHARD K. PERKINS, JUDGE OF THE CIRCUIT COURT
OF THE FIRST
CIRCUIT, STATE OF HAWAI‘I, Respondent.
ORIGINAL PROCEEDING
(CR. NO.
08-1-0869)
ORDER
(By: Moon,
C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)
Upon consideration of the petition for a writ of mandamus filed by
petitioner Michael C. Tierney and the papers in support, it appears
that petitioner fails to demonstrate a clear and indisputable right to
relief. See HRS
§ 706-601 (1993 and Supp. 2008); 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.). Therefore,
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, June 12, 2009.