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Michael C. Tierney v. Ted Sakai

IN THE SUPREME COURT OF THE STATE OF HAWAII


March 20, 2013

MICHAEL C. TIERNEY, PETITIONER,
v.
TED SAKAI, DEPARTMENT OF PUBLIC SAFETY FOR THE STATE OF HAWAII, RESPONDENT.

Electronically Filed Supreme Court SCPW-13-0000140 20-MAR-2013 02:45 PM

ORIGINAL PROCEEDING 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 March 6, 2013, and the documents attached thereto and submitted in support thereof, it appears that petitioner fails to demonstrate that he has a clear and indisputable right to unlimited free legal mail and materials. Petitioner, therefore, 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.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack

20130320

© 1992-2013 VersusLaw Inc.



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