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.