NO. 29893
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
ABEL K.
OCLINARIA, Petitioner,
vs.
STATE OF HAWAI‘I, Respondent
ORIGINAL PROCEEDING
ORDER
(By: Moon,
C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)
Upon consideration of the motion for reconsideration of the July 7,
2009 order dismissing petitioner Abel K.
OcLinaria's petition, it appears that the motion for reconsideration
was filed on July 23, 2009, but the deadline for filing
the motion was July 17, 2009. 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 denied as untimely.
DATED: Honolulu,
Hawai‘i, July 30, 2009.