Tierney v. Sakai

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Electronically Filed Supreme Court SCPW-13-0000140 20-MAR-2013 02:45 PM SCPW-13-0000140 IN THE SUPREME COURT OF THE STATE OF HAWAI#I MICHAEL C. TIERNEY, Petitioner, vs. TED SAKAI, DEPARTMENT OF PUBLIC SAFETY FOR THE STATE OF HAWAI#I, Respondent. 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 See Kema v. Gaddis, 91 Hawai#i 200, 204, 982 mandamus relief. 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. DATED: Honolulu, Hawai#i, March 20, 2013. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack 2

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