Cullen v. Heely

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Electronically Filed Supreme Court SCPW-15-0000952 20-JAN-2016 01:09 PM SCPW-15-0000952 IN THE SUPREME COURT OF THE STATE OF HAWAI#I PAUL KAUKA CULLEN, also known as PAUL KAUKA NAKI, Petitioner, vs. THE HONORABLE ADRIANNE N. HEELY, JUDGE OF THE DISTRICT COURT OF THE SECOND CIRCUIT, MOLOKA#I DIVISION, STATE OF HAWAI#I, Respondent Judge, and RICHARD P. PERREIRA and GWENDOLYN H. PERREIRA, Respondents. ORIGINAL PROCEEDING (DC CIVIL NO. 13-1-0122) ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.) Upon consideration of petitioner Paul Kauka Cullen’s petition for a writ of mandamus, filed on December 24, 2015, the documents attached thereto and submitted in support thereof, and the record, it appears that petitioner fails to demonstrate that he has a clear and indisputable right to the requested relief or a lack of alternative means to seek relief at this time. Petitioner, therefore, is not entitled to a 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 writ of mandamus is denied. DATED: Honolulu, Hawai#i, January 20, 2016. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson 2