Electronically Filed Supreme Court SCPW-11-0000751 22-NOV-2011 12:34 PM

NO. SCPW-11-0000751

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

WILLIAM MIDDLETON, Petitioner,

vs.

THE HONORABLE GERALD H. KIBE, JUDGE OF THE DISTRICT COURT OF THE FIRST CIRCUIT, STATE OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING (CIVIL NO. 1SC11-1-1620)

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

Upon consideration of the motion for reconsideration of

the October 31, 2011 order denying the petition for a writ of

mandamus, it appears that the motion for reconsideration -- filed

on November 21, 2011 -- was not filed within 10 days after the

filing of the October 31, 2011 order. 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, November 22, 2011.

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