NO. 23576



IN THE SUPREME COURT OF THE STATE OF HAWAII


LLEWELLYN K. WAILEHUA, JR., Plaintiff-Appellant



and



SONELAU LUPESOLIAI, et al., Plaintiffs



vs.



CORRECTIONS CORPORATION OF AMERICA; et al.,

Defendants-Appellees




APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 99-1210)





ORDER DISMISSING APPEAL

(By: Moon, C.J., Levinson,

Nakayama, Ramil, and Acoba, JJ.)



Upon review of the record, it appears that: (1) Appellant appeals the circuit court's decision denying his request for waiver of the fees for filing the appeal in No. 23428; (2) we waived the fees for filing the appeal in No. 23428 on July 7, 2000 and we dismissed the appeal for lack of jurisdiction on August 28, 2000; and, thus, (3) the appeal of the circuit court's decision denying the request for waiver of the appellate filing fees in No. 23428 is moot. Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed.

DATED: Honolulu, Hawaii, November 3, 2000.