NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER


NO. 27839




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I





FRANCIS A. GRANDINETTI, Plaintiff-Appellant, v.
GOV. BENJAMIN J. CAYETANO, et al., Defendants-Appellees




APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CV. No. 01-1-1970)





ORDER DISMISSING APPEAL
(By: Burns, C.J., Lim and Foley, JJ.)

Upon review of the record, it appears that (1) on July 19, 2006, the appellate clerk informed Appellant Francis Grandinetti 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, including dismissal of the appeal; and (2) Appellant failed to pay the filing fee, submit a motion to proceed in forma pauperis, or otherwise respond to the letter. Therefore,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED:  Honolulu, Hawai`i, August 17, 2006.