No. 29083Supreme Court of Hawaii.
April 30, 2008.
ORIGINAL PROCEEDING (S.P.P. NO. 07-1-0044 and S.P.P. NO. 07-1-0049)
By: MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ., and Circuit Judge CRANDALL, in place of ACOBA, J., recused.
Upon consideration of petitioner Edmund M. Abordo’s petition for a writ of mandamus and the papers in support, it appears that petitioner’s claim against the circuit court documents clerk is moot inasmuch as petitioner’s motions — received by the documents clerk on February 14, 2008 — were filed on April 15, 2008 and April 16, 2008 and entered on the dockets of S.P.P. No. 07-1-0044 and S.P.P. No. 07-1-0049.
It further appears that petitioner is not entitled to mandamus relief against the respondent judge inasmuch as petitioner can appeal from a final judgment disposing of S.P.P. No. 07-1-0049 and petitioner will have a remedy by way of appeal. 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 other means to redress adequately the alleged wrong or obtain the requested action. Such writs are
not intended to serve as legal remedies in lieu of normal appellate procedures.). Therefore,
IT IS HEREBY ORDERED that the clerk of the appellate court shall process the petition for writ of mandamus without payment of the filing fee.
IT IS FURTHER ORDERED that the petition for writ of mandamus is (1) denied as moot as to the relief sought against the respondent first circuit court documents clerk and (2) denied as to the relief sought against the respondent judge.
IT IS FINALLY ORDERED that the respondent first circuit court documents clerk shall forthwith serve petitioner with file-stamped copies of (1) the “Motion to Exercise My Constitutional Right to File a State Habeas Corpus Under HRS § 660-3.5 and Under Art. 1, § 9, cl(2) of the United States Constitution” filed on April 15, 2008 in S.P.P. No. 07-1-0049, and (2) the “Motion to Reinstate Petitioner’s HRPP Rule 40” filed on April 16, 2008 in S.P.P. No. 07-1-0044.