Electronically Filed
Supreme Court
SCPW-10-0000238
12-JAN-2011
02:50 PM
NO. SCPW-10-0000238
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MICHAEL C. TIERNEY, Petitioner,
vs.
GOVERNOR NEIL ABERCROMBIE, Respondent.
ORIGINAL PROCEEDING
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, and Duffy, JJ.
and Circuit Judge Ayabe, assigned by reason of vacancy)
Upon consideration of petitioner Michael C. Tierney’s
petition for a writ of mandamus, it appears that petitioner fails
to demonstrate that he is entitled to mandamus relief. See HRS §
602-5(3) (Supp. 2009) (The supreme court has jurisdiction and
power to issue writs of mandamus directed to public officers to
compel them to fulfill the duties of their offices.); In Re
Disciplinary Bd. Of 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.). Therefore,
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, January 12, 2011.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Bert I. Ayabe
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