Tierney v. Nagata

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NO. 30180 IN THE SUPREME COURT OF THE STATE OF HAWAI'I MICHAEL C. TIERNEY, Petitioner, vs. THE HONORABLE RUSSEL S. NAGATA, JUDGE OF THE DISTRICT COURT OF THE FIRST CIRCUIT, STATE OF HAWAI'I, Respondent. ORIGINAL PROCEEDING (CASE NO. 1P108-06561) ORDER (By: Moon, C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.) Upon consideration of the petition for a writ of mandamus filed by petitioner Michael C. Tierney and the papers in support, it appears that the district court of the first circuit appointed appellate counsel for petitioner in Case No. 1P108 06561 by order filed on November 3, 2009. Therefore, IT IS HEREBY ORDERED that the clerk of the appellate court shall process the petition for a writ of mandamus without payment of the filing fee. IT IS FURTHER ORDERED that the petition for a writ of mandamus is denied. DATED: Honolulu, Hawai'i, December 3, 2009.

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