Electronically Filed
Supreme Court
SCPW-10-0000231
06-JAN-2011
09:12 AM
NO. SCPW-10-0000231
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
BYRON SAY, Petitioner,
vs.
CIRCUIT COURT OF THE FIFTH CIRCUIT,
STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
(CASE NO. SP 10-1-0024)
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, and Duffy, JJ.
and Circuit Judge Garibaldi, assigned by reason of vacancy)
Upon consideration of petitioner Byron Say's petition
for a writ of mandamus and the papers in support, it appears that
petitioner's September 28, 2010 "Motion to Compel [the circuit]
Court to Answer [the May 17, 2010 petition]" was responded to by
the circuit court, on October 13, 2010, by a memorandum from the
legal documents branch. Accordingly, petitioner fails to
demonstrate that the circuit court is not responding to the
May 17, 2010 petition and that he is entitled to extraordinary
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.). 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 6, 2011.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Colette Y. Garibaldi
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