In re Gonsalves — Hawaii Supreme Court dismisses mandamus petition without prejudice at petitioner’s request

Case
In re Celeste M. Gonsalves
Court
Supreme Court of Hawaiʻi
Judge
Devens, C.J.; McKenna, J.; Eddins, J.; Ginoza, J.; Circuit Judge Copeland, assigned by reason of vacancy
Date Decided
October 26, 2026
Docket No.
SCPW-26-0000489
Topics
Mandamus; Voluntary Withdrawal; Original Proceedings
Source
Read the full opinion

Background

Celeste M. Gonsalves filed an original petition for a writ of mandamus in the Supreme Court of Hawaiʻi on July 6, 2026, arising from Case No. 1CTR-23-0000081. She also moved to proceed in forma pauperis.

Gonsalves later moved to dismiss her petition, moved to withdraw that dismissal motion, and ultimately moved to withdraw the mandamus petition on September 14, 2026.

The Court’s Holding

The Supreme Court granted Gonsalves’s motion to withdraw her petition and dismissed the July 6 mandamus petition without prejudice.

The court denied all remaining pending motions as moot and waived the filing fee. The order did not address the merits of the requested writ or the underlying case.

Key Takeaways

  • A petitioner may obtain dismissal without prejudice by withdrawing an original mandamus petition.
  • The dismissal did not resolve the merits of Gonsalves’s request for mandamus relief.
  • Once the petition was dismissed, the court treated the remaining motions as moot and waived the filing fee.

Why It Matters

The order preserves the petitioner’s ability to pursue relief later because the dismissal was without prejudice. It also illustrates that a court may dispose of related procedural motions as moot after granting withdrawal of the underlying original proceeding.

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