Electronically Filed Supreme Court SCPW-10-0000165 15-DEC-2010 02:42 PM

NO. SCPW-10-0000165

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

MICHAEL C. TIERNEY, Petitioner,

vs.

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

ORIGINAL PROCEEDING

ORDER (By: Recktenwald, C.J., Nakayama, Acoba, and Duffy, JJ.

and Circuit Judge Alm, assigned by reason of vacancy)

Upon consideration of the motion for reconsideration of

the November 29, 2010 order denying the petition for a writ of

mandamus,

IT IS HEREBY ORDERED that the motion for

reconsideration is denied.

DATED: Honolulu, Hawai'i, December 15, 2010.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ James E. Duffy, Jr. /s/ Steven S. Alm