IN THE SUPREME COURT OF THE STATE OF HAWAI`I
___________________________________________________________________________________________________
DONALD L. WILKERSON, Petitioner,
vs.
THE HONORABLE REYNALDO GRAULTY, Judge of the Circuit Court
of the First Circuit, State of Hawai`i, Respondent.
ORIGINAL PROCEEDING
(CR. NO. 98-1135)
ORDER
(By: Moon, C.J., Levinson, Nakayama,
Ramil, and Acoba, JJ.)
Upon consideration of Petitioner Donald Wilkerson's petition for a writ of mandamus, writ of prohibition and writ of habeas corpus, the papers in support, and the records and files herein, it appears that: (1) the respondent judge refused to file Petitioner's motion to recall bench warrant submitted for filing on November 9, 2001; and (2) a court's refusal to file documents submitted to the court for filing is reviewable by way of a petition for writ of mandamus. See Barnett v. Broderick, 84 Hawai`i 109, 929 P.2d 1359 (1996). Therefore,
IT IS HEREBY ORDERED that within thirty days from the date of this order, the respondents shall file a response to Petitioner's assertion that the respondent judge refused to file Petitioner's motion to recall bench warrant. Notwithstanding the provision in HRAP Rule 21(c), the respondent judge shall file a response to the petition. Petitioner may file a supplemental memorandum or other supplemental materials within the time provided.
DATED: Honolulu, Hawai`i, January 15, 2002.