Electronically Filed
Supreme Court
SCPW-10-0000165
29-NOV-2010
02:38 PM
NO. SCPW-10-0000165
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
MICHAEL C. TIERNEY, Petitioner,
vs.
CLAYTON FRANK, DIRECTOR OF THE DEPARTMENT OF
PUBLIC SAFETY, STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, and Duffy, JJ.
and Circuit Judge Alm, assigned by reason of vacancy)
Upon consideration of petitioner Michael C. Tierney's
petition for a writ of mandamus and the papers in support, it
appears that petitioner fails to demonstrate a clear and
indisputable right to relief. Therefore, petitioner 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; In re. Disciplinary Bd. Of the
Hawaii Supreme Court, 91 Hawai'i 363, 368, 984 P.2d 688, 693
(1999) (Mandamus relief is available to compel an official to
perform a duty allegedly owed to an individual only if the
individual’s claim is clear and certain, the official’s duty is
ministerial and so plainly prescribed as to be free from doubt,
and no other remedy is available). 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 FURTHER ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai'i, November 29, 2010.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Steven S. Alm
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