NO. 29765



IN THE SUPREME COURT OF THE STATE OF HAWAI‘I




MICHAEL C. TIERNEY, Petitioner,

vs.

CLAYTON FRANK, DIRECTOR, DEPARTMENT OF PUBLIC SAFETY,
STATE OF HAWAI‘I, Respondent.




ORIGINAL PROCEEDING
(CR. NO. 08-1-0869)



ORDER
(By: Moon, C.J., Nakayama, Acoba, and Duffy, JJ.,
and Intermediate Court of Appeals Judge Leonard,
assigned by reason of vacancy)

Upon consideration of the motion for reconsideration of the April 22, 2009 order denying the petition for a writ of habeas corpus,

IT IS HEREBY ORDERED that the motion for reconsideration is denied.

DATED: Honolulu, Hawai‘i, May 7, 2009.