Electronically Filed
Supreme Court
SCPW-13-0000100
04-MAR-2013
09:24 AM
SCPW-13-0000100
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
CHRIS GRINDLING,
Petitioner,
vs.
THE HONORABLE JOSEPH CARDOZA, JUDGE, SECOND CIRCUIT COURT,
Respondent.
ORIGINAL PROCEEDING
(S.P.P. No. 12-1-0007)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Christopher
Grindling’s petition for a writ of mandamus, which was filed on
February 19, 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 clerk of the appellate
court shall process the petition for a writ of mandamus without
payment of the filing fee.
IT IS HEREBY FURTHER 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
2