NO. 30102
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
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, October 28, 2009.