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.