In re: Abel

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Electronically Filed Supreme Court SCPW-23-0000569 07-NOV-2023 11:22 AM Dkt. 10 ORD SCPW-23-0000569 IN THE SUPREME COURT OF THE STATE OF HAWAI‘I IN THE INTEREST OF NICHOLAS ABEL ORIGINAL PROCEEDING ORDER (By: Recktenwald, C.J., McKenna, and Eddins, JJ., Circuit Judge Kim and Circuit Judge Kawano, assigned by reasons of vacancies) Upon consideration of the September 18, October 5, and October 24, 2023 submissions from Nicholas Abel, which we deem either an attempt to initiate civil litigation against two individuals, or to seek post-conviction relief concerning judgments entered against him, we conclude this court lacks the jurisdiction to consider his requests for relief. Cf. Hawai i Revised Statutes §§ 603-21.5(a) (Supp. 2017), 604-5 (2016); Rule 40(b) of the Hawai i Rules of Penal Procedure. We also note the motion for permission to proceed in forma pauperis. Therefore, It is ordered that the motion to proceed in forma pauperis is granted. It is further ordered that the petitions are dismissed without prejudice to Abel seeking relief in a court of appropriate jurisdiction. DATED: Honolulu, Hawai i, November 7, 2023. /s/ Mark E. Recktenwald /s/ Sabrina S. McKenna /s/ Todd W. Eddins /s/ Robert D.S. Kim /s/ Kelsey T. Kawano 2

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