Electronically Filed
Supreme Court
SCPW-13-0000078
04-MAR-2013
09:33 AM
SCPW-13-0000078
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
(S.P.P. No. 12-1-0011)
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 February 7,
2013, and the record, it appears that petitioner fails to
demonstrate a clear and indisputable right to relief. See HRPP
40(f) and (i). Although petitioner is entitled to a timely
ruling on his Rule 40 petition, he is not entitled to the
mandamus relief requested at this time. 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 4, 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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