Williamson v. Ashford

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Electronically Filed Supreme Court SCPW-20-0000522 17-JUN-2021 12:00 PM Dkt. 13 ODDP SCPW-20-0000522 IN THE SUPREME COURT OF THE STATE OF HAWAI#I GREGORY WILLIAMSON, Petitioner, vs. THE HONORABLE JAMES H. ASHFORD, Judge of the Circuit Court of the Third Circuit, State of Hawai#i, Respondent Judge, and ALLIANCE PERSONNEL, INC., Respondent. ORIGINAL PROCEEDING (CIV. NO. 13-1-1840) ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, and Wilson, JJ., and Circuit Judge Johnson, assigned by reason of vacancy) Upon consideration of petitioner Gregory Williamson’s “Emergency Second Supplement Mandamus Writ to the Emergency NonHearing Motion of August 15, 2020,” which was filed as a petition for writ of mandamus on June 15, 2021, the documents attached thereto and submitted in support thereof, and the record, it appears that the original petition for writ of mandamus was denied by order entered on September 4, 2020, and petitioner fails to demonstrate that he has a clear and indisputable right to relief from this court. 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; a writ of mandamus is not intended to supersede the legal discretionary authority of the trial courts, cure a mere legal error, or serve as a legal remedy in lieu of normal appellate procedures). Accordingly, IT IS HEREBY ORDERED that the petition for writ of mandamus is denied. IT IS HEREBY FURTHER ORDERED that the clerk of the appellate court shall process the petition without payment of the filing fees. DATED: Honolulu, Hawai#i, June 17, 2021. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Michael D. Wilson /s/ Ronald G. Johnson 2

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