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Clyde Mitsuru Hayakawa v. the Honorable Randal K.O. Lee

IN THE SUPREME COURT OF THE STATE OF HAWAII


March 2, 2012

CLYDE MITSURU HAYAKAWA,
PETITIONER,
v.
THE HONORABLE RANDAL K.O. LEE, JUDGE OF THE CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAII,
RESPONDENT.

ORIGINAL PROCEEDING (S.P.P. NO. 11-1-0033)

Electronically Filed Supreme Court SCPW-12-0000104 02-MAR-2012 09:37 AM

ORDER

(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)

Upon consideration of petitioner Clyde Hayakawa's petition for a writ of mandamus, it appears that, in S.P.P. No. 11-1-0033, Clyde Mitsuru Hayakawa v. State of Hawaii, respondent State of Hawaii filed an answer to the HRPP Rule 40 petition on December 1, 2011. Therefore, petitioner is not entitled to mandamus relief. See Kema v. Gaddis, 91 Hawaii 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.*fn1

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ James E. Duffy, Jr. /s/ Sabrina S. McKenna


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