Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
04-MAR-2021
07:58 AM
Dkt. 6 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
IN RE GYM BIRTHDAYSUIT III,
formerly known as James Paul Calzetta
aka James Paul Calzeta, Petitioner.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of petitioner Gym Birthdaysuit III’s
request that this court remove his name from the vexatious
litigant list, which was filed as a petition for writ of mandamus
on March 2, 2021, the documents attached thereto and submitted in
support thereof, and the record, it appears that petitioner fails
to demonstrate that he has a clear and indisputable right to be
removed from the vexatious litigant list or that he is being
denied the opportunity to seek court approval for any new court
filings. Based on the information presented in the petition, the
extraordinary remedy of a writ of mandamus is not warranted. See
HRS 634J-7; 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); Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237, 241,
580 P.2d 58, 62 (1978) (a writ of mandamus is not intended to
supersede the legal discretionary authority of the trial courts,
cure a mere legal error, or serve as a legal remedy in lieu of
normal appellate procedure). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied.
IT IS HEREBY FURTHER ORDERED that the clerk of the
appellate court shall process the petition for writ of mandamus
without payment of the filing fee.
DATED: Honolulu, Hawai#i, March 4, 2021.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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