Electronically Filed
Supreme Court
SCPW-16-0000789
10-NOV-2016
09:53 AM
SCPW-16-0000789
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
________________________________________________________________
VICTOR ESTRADA, Petitioner,
vs.
THE HONORABLE MARGARET K. MASUNAGA, Judge of the District Court
of the Third Circuit, Kona District, Respondent Judge,
and
STATE OF HAWAIʻI, Respondent.
________________________________________________________________
ORIGINAL PROCEEDING
(CASE NO. 3DTA-14-01510)
ORDER DENYING WITHOUT PREJUDICE PETITION
FOR WRIT OF MANDAMUS OR FOR OTHER RELIEF
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Victor Estrada’s
“Petition for Writ of Mandamus or for Other Relief,” filed on
November 7, 2016, the documents attached thereto and submitted in
support thereof, and the record, it appears that petitioner has
filed an appeal in the Intermediate Court of Appeals (“ICA”) in
CAAP-16-0000682, and may seek the requested relief in that court,
as appropriate. See Kema v. Gaddis, 91 Hawaiʻi 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). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied without prejudice to petitioner seeking relief
from the ICA in CAAP-16-0000682, as appropriate.
IT IS HEREBY FURTHER ORDERED that the appellate clerks’
office shall process the petition for writ of mandamus without
payment of the filing fee.
DATED: Honolulu, Hawaiʻi, November 10, 2016.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson