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

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