Electronically Filed
Supreme Court
SCPW-13-0000140
20-MAR-2013
02:45 PM
SCPW-13-0000140
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MICHAEL C. TIERNEY,
Petitioner,
vs.
TED SAKAI, DEPARTMENT OF PUBLIC SAFETY FOR THE STATE OF HAWAI#I,
Respondent.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Michael C. Tierney’s
petition for a writ of mandamus, which was filed on March 6,
2013, and the documents attached thereto and submitted in support
thereof, it appears that petitioner fails to demonstrate that he
has a clear and indisputable right to unlimited free legal mail
and materials. Petitioner, therefore, is not entitled to
mandamus 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). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, March 20, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
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