Opinion
No. 29819
May 22, 2009.
ORIGINAL PROCEEDING (CR. NO. 08-1-0869)
By: MOON, C.J., NAKAYAMA, ACOBA, DUFFY, and RECKTENWALD, JJ.
ORDER
Upon consideration of the petition for a writ of mandamus filed by petitioner Michael C. Tierney and the papers in support, it appears that petitioner fails to demonstrate a clear and indisputable right to 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, May 22, 2009.