Electronically Filed
Supreme Court
SCPW-12-0000712
23-AUG-2012
11:22 AM
NO. SCPW-12-0000712
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
JUSTIN GONDA, Petitioner,
vs.
THE HONORABLE GARY W.B. CHANG, JUDGE OF THE CIRCUIT
COURT OF THE FIRST CIRCUIT, STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(CIV. NO. 1CC12-1-000692)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Justin Gonda’s August
13, 2012 petition for a writ of mandamus, the documents in
support and the record, it appears that petitioner fails to
demonstrate a clear and indisputable right to relief.
Petitioner, therefore, is not entitled to mandamus relief. See
Kema v. Gaddis, 91 Hawai#i 200, 204-05, 982 P.2d 334, 338-39
(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 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, August 23, 2012.
/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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