December 17, 2012
MICHAEL C. TIERNEY, PETITIONER,
STATE OF HAWAII, RESPONDENT.
Electronically Filed Supreme Court SCPW-12-0000979 17-DEC-2012
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Michael C. Tierney's petition for a writ of mandamus, which was filed on November 2, 2012, and the record, it appears that petitioner fails to demonstrate a clear and indisputable right to relief. On October 25, 2012, the district court entered an order granting the State of Hawaii's request to nolle prosequi the case without prejudice. Mandamus relief, therefore, is not warranted. See Kema v. Gaddis, 91 Hawaii 200, 204-05, 982 P.2d 334, 338-39 (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. Such writs are not intended to supersede the legal discretionary authority of the lower courts, nor are they intended to serve as legal remedies in lieu of normal appellate procedures). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied.
/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack
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