Holcomb v. Ashford

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Electronically Filed Supreme Court SCPW-16-0000605 16-SEP-2016 01:19 PM SCPW-16-0000605 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ RICHARD L. HOLCOMB, Petitioner, vs. THE HONORABLE JAMES H. ASHFORD, Judge of the District Court of the First Circuit, State of Hawai#i, Respondent Judge, and THE STATE OF HAWAI#I and ERIC KOBASHIGAWA, Respondents. _________________________________________________________________ ORIGINAL PROCEEDING (CASE NO. 1DTA-16-01292) ORDER DENYING PETITION FOR WRIT OF MANDAMUS AND/OR PROHIBITION (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.) Upon consideration of petitioner Richard L. Holcomb’s petition for writ of mandamus and/or prohibition, filed on September 1, 2016, the documents attached thereto and submitted in support thereof, and the record, it appears that, at this time, petitioner fails to demonstrate that he has a clear and indisputable right to the requested relief or that he lacks alternative means to seek relief. Petitioner, therefore, is not entitled to the requested writ of mandamus and/or writ of prohibition. 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; it is meant to restrain a judge of an inferior court from acting beyond or in excess of his or her jurisdiction); Honolulu Adv., Inc. v. Takao, 59 Haw. 237, 241, 580 P.2d 58, 62 (1978) (a writ of prohibition is an extraordinary remedy that is meant to restrain a judge of an inferior court from acting beyond or in excess of his jurisdiction). Accordingly, IT IS HEREBY ORDERED that the petition for writ of mandamus and/or prohibition is denied. DATED: Honolulu, Hawai#i, September 16, 2016. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson 2