Grindling v. Cardoza

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Electronically Filed Supreme Court SCPW-14-0001103 14-OCT-2014 09:32 AM SCPW-14-0001103 IN THE SUPREME COURT OF THE STATE OF HAWAI'I CHRISTOPHER GRINDLING, Petitioner, vs. THE HONORABLE JOSEPH CARDOZA, JUDGE OF THE CIRCUIT COURT OF THE SECOND CIRCUIT, STATE OF HAWAI'I, Respondent Judge, and STATE OF HAWAI'I, Respondent. ORIGINAL PROCEEDING ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.) Upon consideration of Petitioner Christopher Grindling s petition for a writ of mandamus, filed on September 5, 2014, the exhibit in support of petition, filed on September 19, 2014, and the record, it appears that Petitioner fails to demonstrate that he has a clear and indisputable right to a hearing on the seven filings he lists in the petition or that he lacks alternative means to seek relief. Petitioner, therefore, is not entitled to the requested writ of mandamus. 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. DATED: Honolulu, Hawai'i, October 14, 2014. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson 2

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