Electronically Filed Supreme Court SCPW-13-0000078 04-MAR-2013 09:33 AM

SCPW-13-0000078 IN THE SUPREME COURT OF THE STATE OF HAWAI#I

MICHAEL C. TIERNEY, Petitioner, vs. THE HONORABLE RICHARD K. PERKINS, Judge of the Circuit Court of the First Circuit, State of Hawai#i, Respondent.

ORIGINAL PROCEEDING (S.P.P. No. 12-1-0011) ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)

Upon consideration of petitioner Michael C. Tierney’s petition for a writ of mandamus, which was filed on February 7, 2013, and the record, it appears that petitioner fails to demonstrate a clear and indisputable right to relief. See HRPP 40(f) and (i). Although petitioner is entitled to a timely ruling on his Rule 40 petition, he is not entitled to the mandamus relief requested at this time. 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.

DATED: Honolulu, Hawai#i, March 4, 2013.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack