Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
09-JUN-2022
08:47 AM
Dkt. 7 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
IN RE LARRY E. PAGAN
ORIGINAL PROCEEDING
(CR. NOS. 1PC860000060, 1PC870000052, 1PC900002148, 1PC920001756)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of Larry E. Pagan’s (petitioner’s)
letter filed on May 16, 2022, which we construe as a petition for
writ of mandamus, and the record, petitioner fails to demonstrate
a clear and indisputable right to the requested relief and that
he lacks alternative means to seek relief. Petitioner may seek
relief in the circuit court by filing a Hawai#i Rules of Penal
Procedure Rule 40 Petition, as appropriate. An extraordinary
writ is not warranted. See Kema v. Gaddis, 91 Hawai#i 200, 204,
982 P.2d 334, 338 (1999) (explaining that 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 ordered that the petition for writ of mandamus is
denied.
It is further ordered that the clerk of the appellate
court shall process the submission without payment of the filing
fees.
DATED: Honolulu, Hawai#i, June 9, 2022.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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