Grandinetti v. Kimura ( 2012 )

Electronically Filed
Supreme Court
SCPW-12-0000698
01-NOV-2012
10:28 AM
NO. SCPW-12-0000698
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
FRANCIS GRANDINETTI, Petitioner,
vs.
THE HONORABLE SHUNICHI KIMURA and THE HONORABLE RIKI
MAY AMANO, JUDGES OF THE CIRCUIT
COURT OF THE THIRD CIRCUIT, STATE OF HAWAI#I, Respondents.
ORIGINAL PROCEEDING
(CR. NO. 93-0141)
ORDER DISMISSING APPLICATION FOR RECONSIDERATION
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of the document submitted by Francis
Grandinetti entitled “Reconsideration Application for Judgment
Entered on Supervisory Mandamus and Habeas Corpus Case”, dated
October 2, 2012 and filed October 26, 2012, the documents
attached thereto and submitted in support thereof, and the
record, it appears that the request for reconsideration of the
September 6, 2012 order denying the petition for a writ of habeas
corpus and a writ of mandamus is untimely. 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.”); see also Setala v. J.C. Penney Co., 97 Hawai#i 484,
485, 40 P.3d 886, 887 (2002) (a document is deemed filed for
purposes of a limitation deadline on the day it is tendered to a
prison official by a pro se prisoner). Therefore,
IT IS HEREBY ORDERED that the application for
reconsideration is dismissed.
IT IS HEREBY FURTHER ORDERED that the clerk of the
appellate court shall not accept any further filings in this
case.
DATED: Honolulu, Hawai#i, November 1, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
-2-