Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
28-MAY-2021
08:59 AM
Dkt. 4 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MARK D. CAIRES, Petitioner,
vs.
THE HONORABLE ROBERT D.S. KIM,
Judge of the Circuit Court of the Third Circuit,
State of Hawai#i, Respondent Judge,
and
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(CR. NO. 3PC02100157K)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins JJ.)
Upon consideration of petitioner Mark D. Caires’s
petition for writ of mandamus, filed on May 19, 2021, the
documents attached thereto and submitted in support thereof, and
the record, petitioner fails to demonstrate that he has a clear
and indisputable right to the requested relief from this court
and appears to be seeking similar relief in the circuit court.
Petitioner, therefore, is not entitled to the requested
extraordinary writ. 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 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 fees.
DATED: Honolulu, Hawai#i, May 28, 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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