NO. 28089
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
RICHARD BLAISDELL, Plaintiff-Appellant,
vs.
DEPARTMENT OF
PUBLIC SAFETY, Defendant-Appellee.
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO.
04-1-1455)
ORDER DISMISSING CASE NO. 28089
AND PERMITTING
PLAINTIFF-APPELLANT
TO FILE AN APPROPRIATE APPLICATION
FOR WRIT OF CERTIORARI IN
ACCORDANCE WITH
HAWAII RULES OF APPELLATE
PROCEDURE RULE 40.1
(By: Moon,
C.J., for the court (1))
It appearing that (1) plaintiff-appellant Richard Blaisdell filed a
"notice of appeal," seeking review of the Intermediate
Court of Appeals (ICA)'s July 26, 2006 Summary Disposition Order (SDO)
that affirmed the Circuit Court of the First
Circuit's final judgment, (2) the appropriate vehicle for seeking
review of the ICA's SDO is an application for a writ of
certiorari, pursuant to Hawai`i Rules of Appellate Procedure
Rule 40.1 and Hawa`ii Revised Statutes § 602-59, as
amended
by Act 149 of the 2006 Hawai`i Session Laws, and (3) inasmuch as the
ICA's judgment on appeal was filed on August 30,
2006, the deadline to file the application for a writ of certiorari
will not expire until November 28, 2006,
IT IS HEREBY
ORDERED that the "appeal" in No. 28089 is dismissed, and Blaisdell may,
if he so chooses, file an
application for a writ of certiorari in accordance with HRAP Rule 40.1
in Appeal No. 27170. The application must be filed
by the close of business on November 28, 2006.
DATED: Honolulu,
Hawai`i, November 1, 2006.
1. Considered by: Moon, C. J.,
Levinson, Nakayama, Ramil, and Acoba, JJ.