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.