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Michael C. Tierney v. State of Hawai#I

IN THE SUPREME COURT OF THE STATE OF HAWAII


August 27, 2010

MICHAEL C. TIERNEY, PETITIONER,
v.
STATE OF HAWAI#I, RESPONDENT.

ORIGINAL PROCEEDING (CR. NO. 88-2209 and CR. NO. 89-0024)

The opinion of the court was delivered by: The Honorable Derrick H. M. Chan, Judge OF The Circuit Court OF The First Circuit

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 fails to demonstrate a clear and indisputable right to mandamus relief. See HRS § 804-51 (Supp 2009); 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 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, August 27, 2010.

20100827

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