NO. 30101
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
DONALD B.
MARKS, Petitioner,
vs.
STATE OF HAWAI‘I, Respondent.
ORIGINAL PROCEEDING
ORDER
(By: Moon,
C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)
Upon consideration of Donald B. Marks' "notice of appeal" postmarked
November 9, 2009, which we treat as a motion for
reconsideration of the October 30, 2009 order treating the application
for a writ of habeas corpus as a petition for a writ of
mandamus and denying the petition,
IT IS HEREBY
ORDERED that the motion for reconsideration is denied.
DATED: Honolulu,
Hawai‘i, November 19, 2009.