June 15, 2010
MICHAEL C. TIERNEY, PETITIONER,
THE HONORABLE CRAIG H. NAKAMURA, CHIEF JUDGE OF THE INTERMEDIATE COURT OF APPEALS, STATE OF HAWAI#I, RESPONDENT.
(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 the transcripts for the record on appeal in No. 29993 were not completed until June 3, 2010, whereupon appellate counsel filed petitioner's opening brief on June 7, 2010. Therefore, petitioner fails to demonstrate a clear and indisputable right 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.
DATED: Honolulu, Hawai#i, June 15, 2010.
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