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NO. 24674 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ DONALD L. WILKERSON, Petitioner, vs. THE HONORABLE REYNALDO GRAULTY, Judge of the Circuit Court of the First Circuit, State of Hawai#i, Respondent. _________________________________________________________________ ORIGINAL PROCEEDING (CR. NO. 98-1135) (By: ORDER Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.)

Upon consideration of Petitioner Donald Wilkerson's petition for a writ of mandamus, writ of prohibition and writ of habeas corpus, the papers in support, and the records and files herein, it appears that: (1) the respondent judge refused to

file Petitioner's motion to recall bench warrant submitted for filing on November 9, 2001; and (2) a court's refusal to file documents submitted to the court for filing is reviewable by way of a petition for writ of mandamus. Hawai#i 109, 929 P.2d 1359 (1996). See Barnett v. Broderick, 84 Therefore,

IT IS HEREBY ORDERED that within thirty days from the date of this order, the respondents shall file a response to Petitioner's assertion that the respondent judge refused to file Petitioner's motion to recall bench warrant. Notwithstanding the

provision in HRAP Rule 21(c), the respondent judge shall file a response to the petition. Petitioner may file a supplemental

memorandum or other supplemental materials within the time provided. DATED: Honolulu, Hawai#i, January 15, 2002.



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