Electronically Filed Supreme Court SCPW-XX-XXXXXXX 04-NOV-2022 08:29 AM Dkt. 4 ODDP

SCPW-XX-XXXXXXX IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________ MATTHEW REYES, Petitioner, vs. THE HONORABLE THOMAS HAIA, Judge of the District Court of the First Circuit, State of Hawaiʻi, Respondent Judge, and PETER TAISIPIC IRIARTE, Respondent. ________________________________________________________________ ORIGINAL PROCEEDING (1DRC-XX-XXXXXXX) ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)

Upon consideration of the petition for writ of mandamus filed on October 17, 2022, and the record, the Respondent Judge acted on a subject properly before the district court when the Respondent Judge ruled on the motion to dismiss and motion to hold Respondent in contempt. Additionally, it was within the Respondent Judge’s discretion to grant or deny these motions. Petitioner has not demonstrated a clear and indisputable right to relief, nor a lack of alternative means to seek relief. An extraordinary writ is thus not warranted. See Kema v. Gaddis, 91 Hawaiʻi 200, 204, 982 P.2d 334, 338 (1999).

Accordingly, It is ordered that the petition is denied.

DATED: Honolulu, Hawaii, November 4, 2022.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Michael D. Wilson /s/ Todd W. Eddins