State v. Salvick

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Electronically Filed Supreme Court SCPW-12-0001124 03-APR-2013 10:10 AM SCPW-12-0001124 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Respondent, vs. CHRISTOPHER LEE SLAVICK, Petitioner. ORIGINAL PROCEEDING (CR. NO. 04-1-1534) ORDER DISMISSING MOTION FOR RECONSIDERATION (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.) Upon consideration of petitioner Christopher Lee Slavick s letter to the court dated March 18, 2013, which was electronically filed on March 27, 2013, and which we review as a motion for reconsideration of the January 23, 2013 order denying the petition for a writ of prohibition, and the record, it appears that the request for reconsideration 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 motion for reconsideration is dismissed. DATED: Honolulu, Hawai#i, April 3, 2013. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack 2

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