Gonsalves v. District Court of the First Circuit, State of Hawaii

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Electronically Filed Supreme Court SCPW-11-0000733 14-OCT-2011 09:35 AM NO. SCPW-11-0000733 IN THE SUPREME COURT OF THE STATE OF HAWAI'I RAYMOND GONSALVES, Petitioner, vs. DISTRICT CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAI'I, Respondent. ORIGINAL PROCEEDING (CASE NOS. 1DTI-06-012226, 1DTI-06-024476, 1DTI-06-119492, 1DTI-06-120263, 1DTC-06-013780, 1DTI-07-036645, 1DTI-07-032679, 1DTI-07-166063, 1DTI-07-166045, 1DTI-07-165292, 1DTI-07-177024, 1DTI-07-118898, 1DTI-08-038923, and 1DTI-08-008347) ORDER (By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.) Upon consideration of petitioner Raymond Gonsalves' petition for a writ of mandamus and the papers in support, it appears that petitioner fails to demonstrate a clear and indisputable right to relief. entitled to mandamus relief. Therefore, petitioner is not 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 clerk of appellate court shall process the petition for 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, October 14, 2011. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ James E. Duffy, Jr. /s/ Sabrina S. McKenna 2

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