Electronically Filed Supreme Court SCPW-12-0000978 30-JAN-2013 10:10 AM

SCPW-12-0000978 IN THE SUPREME COURT OF THE STATE OF HAWAI#I

MICHAEL C. TIERNEY, Petitioner, vs. SHERIFF'S DIVISION, DEPARTMENT OF PUBLIC SAFETY, STATE OF HAWAI#I, Respondents.

ORIGINAL PROCEEDING ORDER DENYING MOTION FOR RECONSIDERATION (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)

Upon consideration of petitioner Michael C. Tierney’s motion for reconsideration of the January 4, 2013 order denying his petition for a writ of mandamus, which was electronically filed by the appellate clerk on January 24, 2013, the documents attached thereto and submitted in support thereof, and the record, IT IS HEREBY ORDERED that the motion for reconsideration is denied.

DATED: Honolulu, Hawai#i, January 30, 2013. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack