Electronically Filed
Supreme Court
SCPW-12-0000128
30-MAR-2012
02:49 PM
NO. SCPW-12-0000128
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
CHRIS GRINDLING, Petitioner,
vs.
THE HONORABLE JOSEPH E. CARDOZA, JUDGE OF THE CIRCUIT
COURT OF THE SECOND CIRCUIT, STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
Upon consideration of petitioner Chris Grindling's
petition for a writ of mandamus, it appears that petitioner
asserts that the respondent judge has ordered the clerks not to
file a habeas corpus petition, but the assertion is not supported
by any papers appended to the mandamus petition and the assertion
cannot be independently confirmed by this court. Therefore,
petitioner fails to demonstrate a clear and indisputable right to
relief and 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.); HRAP 21(a)
("Copies of any order . . . that may be essential to an
understanding of the matters set forth in the [mandamus] petition
shall be attached to the petition."). 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, March 30, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Sabrina S. McKenna
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