NO. 26521
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
SHAYNE J.
PADILLA, Petitioner
vs.
THIRD CIRCUIT
COURT CLERKS, Respondents
ORIGINAL
PROCEEDING
ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of Petitioner Shayne James Padilla's "Petitioner's
Subsequent
Petition That Provides Sufficient Information For the Court to
Determine Whether
Petitioner is Entitled to Relief" and the papers in support, it appears
that: (1) Petitioner filed this petition to find out why the
clerks of the Circuit Court
of the Third Circuit did not file his HRPP Rule 40 petition and to
require the
State to file an answer to the Rule 40 petition;
(2) Petitioner's HRPP Rule 40
petition was filed in the Circuit Court of the Third Circuit under SPP
04-1-0006; and
(3) the response to Rule 40 petitions is governed by HRPP
Rule 40(d), and any further requests for relief regarding the HRPP
Rule 40
petition should be directed to the circuit court. Therefore,
IT IS HEREBY
ORDERED that Petitioner's subsequent petition is dismissed without
prejudice to Petitioner seeking relief in the pending circuit court
case.
DATED: Honolulu,
Hawai`i, June 18, 2004.
Shayne J. Padilla,
petitioner pro se,
on the writ