Electronically Filed
Supreme Court
SCWC-29993
NO. SCWC-29993 18-JAN-2011
09:17 AM
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
MICHAEL C. TIERNEY, Petitioner/Defendant-Appellant,
vs.
STATE OF HAWAI'I, Respondent/Plaintiff-Appellee
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CR. NO. 08-1-0869)
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
(By: Recktenwald, C.J., for the court1
)
It appearing that the judgment on appeal in the above-
referenced matter has not been entered by the Intermediate Court
of Appeals, see Hawai'i Revised Statutes § 602-59(a) (Supp.
2008); see also Hawai'i Rules of Appellate Procedure (HRAP) Rule
36(b)(1) (2008),
IT IS HEREBY ORDERED that Petitioner/Defendant
Appellant’s application for writ of certiorari, filed January 11,
2011, is dismissed without prejudice to re-filing the application
pursuant to HRAP Rule 40.1(a) (“No later than 90 days after the
filing of the intermediate court of appeals’ judgment on appeal
or dismissal order, any party may apply in writing to the supreme
court for a writ of certiorari.”).
DATED: Honolulu, Hawai'i, January 18, 2011.
FOR THE COURT:
Chief Justice
Michael C. Tierney,
appearing pro se,
on the application
1
Considered by: Recktenwald, C.J., Nakayama, Acoba, Duffy, JJ., and
Circuit Judge Pollack, assigned by reason of vacancy.