Tierney v. Sakai ( 2012 )

Electronically Filed
Supreme Court
SCPW-12-0000831
01-NOV-2012
10:25 AM
NO. SCPW-12-0000831
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MICHAEL C. TIERNEY, Petitioner,
vs.
TED SAKAI, Director of Public Safety, State of Hawai#i,
Respondent.
ORIGINAL PROCEEDING
ORDER DENYING WITHOUT PREJUDICE PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
On October 2, 2012, this court filed a document
entitled “Petition for Writ of Mandamus”, which was submitted by
petitioner Michael C. Tierney. Petitioner seeks an order
directing Ted Sakai, the Director of the Department of Public
Safety, State of Hawai#i, to provide him medical and dental care.
Based upon our review of the petition, it appears that petitioner
has been provided medical treatment and has alternative means to
obtain relief. Petitioner fails to present any evidence that he
requested additional medical and dental care, was denied
treatment, and lacks alternative recourse. In light of the
information presented in the petition, petitioner is not entitled
to mandamus relief. 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 without prejudice to petitioner substantiating
his mandamus request with evidence that includes, but is not
limited to, his request(s) for medical and dental treatment, the
response(s) to the request(s), and alternative recourse or lack
thereof.
DATED: Honolulu, Hawai#i, November 1, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
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