May 4, 2010
MICHAEL C. TIERNEY, PETITIONER,
THE HONORABLE GLENN S. HARA, JUDGE OF THE CIRCUIT COURT OF THE THIRD CIRCUIT, STATE OF HAWAI#I, RESPONDENT.
(CIVIL NO. 00-1-0377) ORDER
(By: Moon, C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)
Upon consideration of petitioner Michael C. Tierney's petition for a writ of mandamus and the papers in support, it appears that petitioner's motion for return of property is pending in a civil action in which the non-hearing provision of Civil Administration Order 9-2 applies and the right of confrontation does not apply. Therefore, 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.). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied.
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