Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
15-APR-2021
07:53 AM
Dkt. 12 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
WAILA SARCEDO, Petitioner,
vs.
DEPARTMENT OF HUMAN SERVICES, Respondent.
ORIGINAL PROCEEDING
(FC-S NO. 18-00077)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
AND MOTION FOR STAY
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of petitioner Waila Sarcedo’s
petition for writ of mandamus, filed on April 9, 2021, the motion
for stay, filed on April 11, 2021, the respective supporting
documents, and the record, it appears that, based on the
information presented to this court, petitioner has filed an
appeal in the Intermediate Court of Appeals in CAAP-XX-XXXXXXX,
and may seek relief in the appeal or in the family court as
provided by law. Petitioner, therefore, is not entitled to the
extraordinary relief or a stay requested from this court. 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 petition for writ of
mandamus and motion for stay are denied.
IT IS HEREBY FURTHER ORDERED that the clerk of the
appellate court shall process this original proceeding without
payment of the filing fees.
DATED: Honolulu, Hawai#i, April 15, 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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