LAW L BP§ARY NO. 30688 lN THE SUPREME COURT OF THE STATE OF HAWAIT MlCHAEL C. TlERNEY, PetitiOner, _ VS. THE HONORABLE DERRlCK H. M. CHAN, JUDGE OF THE ; _ COURT OF THE FIRST ClRCUlT, STATE OF HAWAl‘I, Re§p§§` ORIGlNAL PROCEEDlNG (CR. NO. 88-2209 and CR. NO. 89~OO24)

ORDER (By: Moon, C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)

Upon consideration of petitioner Michael C. Tierney's petition for a writ of mandamus and the papers in support, it appears that petitioner fails to demonstrate a clear and indisputable right to mandamus relief. §§§ HRS § 804-51 (Supp 2009); Kema v. Gaddis, 91 HawaiH_200, 204, 982 P.2d 334, 338 (l999) (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 Accordingly, IT IS HEREBY ORDERED that the clerk of the appellate action.). court shall process the petition for a writ of mandamus without payment of the filing fee.

IT IS FURTHER ORDERED that the petition for a writ of mandamus is denied.

DATED: Honolulu, HawaiUq August 27, 2010. g%._ ¢Zu»¢ai&¥1H%¢2q15¥§:“ /)a`v*~”-<¢3/vAAA\§§ Q;h..s,.,.s. .Q»g@@,g,f €W‘YH`IL¢