NO. 29417




IN THE SUPREME COURT OF THE STATE OF HAWAI‘I



DE MONT R. D. CONNER, Petitioner,

vs.

TODD THOMAS, WARDEN, SAGUARO CORRECTIONAL CENTER, Respondent.




ORIGINAL PROCEEDING




ORDER
(By: Duffy, J. for the court (1))

We have reviewed the "motion for clarification of order" dated November 12, 2008, post-marked December 4, 2008, and received and filed at the supreme court on December 9, 2008. The motion, notwithstanding its title, seeks reconsideration of the November 6, 2008 order denying the petition for writ of habeas corpus and is deemed a motion for reconsideration of the November 6, 2008 order. The motion for reconsideration should have been filed by November 16, 2008 and is untimely. See HRAP 40(a) ("A motion for reconsideration may be filed by a party only within 10 days after the filing of the opinion, dispositional order, or ruling unless by special leave additional time is granted during such period by a judge or justice of the appellate court involved."). Therefore, IT IS HEREBY ORDERED that the motion for reconsideration is dismissed.

DATED: Honolulu, Hawai‘i, December 19, 2008.



1.     Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.