***
NOT FOR PUBLICATION ***
NO.
26691
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
GREGORY
BARNETT, Plaintiff-Appellant
vs.
HAWAII
PAROLING AUTHORITY, an Executive Agency o the State of
Hawai`i, Defendant-Appellee
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO.
98-0092)
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 October 1, 2004 that the time for
filing the statement of jurisdiction expired on September 23, 2004 and
by letter dated November 5, 2004, that the time for filing the opening
brief expired on October 23,
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 letter or to otherwise oppose dismissal,
IT IS HEREBY
ORDERED that the appeal is dismissed.
DATED: Honolulu,
Hawai`i, December 20, 2004.