***
NOT FOR PUBLICATION ***
NO. 26596
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
SEAN
K. CARVALHO, Petitioner-Appellant
vs.
STATE
OF HAWAI`I, Respondent-Appellee
APPEAL FROM
THE FIRST CIRCUIT COURT
(S.P.P. NO.
04-1-0007)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears that this court informed
Appellant by letter dated August 13, 2004, that the time for
filing the statement of jurisdiction expired on August 4, 2004 and by
letter dated September 17, 2004 that the time for
filing the opening brief expired on September 4, 2004 and that,
pursuant to Rule 30 of the Hawai`i Rules of Appellate
Procedure, the matter would be called to the attention of the court for
such action as the court deemed proper including
dismissal of the appeal. Appellant having failed to respond to said
letters or to otherwise oppose dismissal,
IT IS HEREBY
ORDERED that the appeal is dismissed.
DATED:
Honolulu, Hawai`i, October 29.2004.