***
NOT FOR PUBLICATION ***
NO. 26554
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
GARY BROWN,
Petitioner-Appellant
vs.
STATE OF
HAWAI`I, Respondent-Appellee
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(S.P.P. NO.
02-1-0086)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the
record, it appears that (1) the supreme court clerk's office informed
Appellant, by letter dated July 12,
2004, that the record on appeal cannot be filed without payment of the
filing fee pursuant to Rule 3(f) of the Hawai`i Rules
of Appellate Procedure (HRAP) or an executed motion to proceed in forma
pauperis pursuant to HRAP Rule 24 and that
the matter would be called to the attention of the court for such
action as the court deemed proper pursuant to HRAP Rule
11(a), including dismissal of the appeal; and (2) appellant failed to
pay the filing fee or submit a motion to proceed in
forma pauperis. Therefore,
IT IS HEREBY
ORDERED that the appeal is dismissed.
DATED: Honolulu,
Hawai`i, October 13, 2004.