Opinion
No. 30429
May 4, 2010.
ORIGINAL PROCEEDING (S.P.P. No. 10-1-0018)
By: MOON, C.J., NAKAYAMA, ACOBA, Duffy, and RECKTENWALD, JJ.
ORDER
Upon consideration of petitioner Michael C. Tierney's petition for a writ of mandamus and the papers in support, it appears that petitioner fails to demonstrate a clear and indisputable right to relief.See Hawai'i Rules of Penal Procedure, Rule 40(a) and (c)(2);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 petition for a writ of mandamus is denied.