NO. 29303


IN THE SUPREME COURT OF THE STATE OF HAWAI‘I




MICHAEL C. TIERNEY, Petitioner,
vs.
DEPARTMENT OF PUBLIC SAFETY, STATE OF HAWAI‘I and
THE HONORABLE TRUDY K.T. SENDA, JUDGE OF THE DISTRICT
COURT OF THE FIFTH CIRCUIT, STATE OF HAWAI‘I, Respondents.





ORIGINAL PROCEEDING



ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon consideration of the petition for a writ of habeas corpus submitted by petitioner Michael C. Tierney, it appears that habeas corpus relief is available to petitioner in the circuit court and petitioner presents no special reason for invoking the supreme court's original jurisdiction. See Oili v. Chang, 57 Haw. 511, 512, 557 P.2d 787, 788 (1976). Therefore,

IT IS HEREBY ORDERED that the clerk of the appellate court shall file the petition for a writ of habeas corpus without payment of the filing fee.

IT IS FURTHER ORDERED that the petition for a writ of habeas corpus is denied without prejudice to seeking habeas corpus relief in the circuit court.

DATED: Honolulu, Hawai‘i, August 13, 2008.