NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER
NO.
27978
IN THE
INTERMEDIATE COURT OF APPEALS
OF THE STATE
OF HAWAI`I
TERRY
VANLANDINGHAM, Petitioner-Appellant,
v.
STATE OF
HAWAI`I, Respondent-Appellee
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(S.P.P.
05-1-0023; FC-CR NO. 04-1-0172)
ORDER DISMISSING APPEAL
(By:
Recktenwald, C.J., Watanabe and Nakamura, JJ.)
Upon review of the record, it appears that: (1) Petitioner-Appellant
Terry Vanlandingham filed a notice of appeal on June 13, 2006; (2) on
August 14, 2006,
the appellate clerk filed a notice of entering case on calendar and
notified Appellant that the jurisdictional statement was due on August
24, 2006 and the
opening brief was due on September 23, 2006; (3) Appellant filed the
statement of jurisdiction on August 30, 2006; (4) although the court
granted several
extensions of time, Appellant did not file the opening brief; (5) on
July 20, 2007, the appellate clerk informed Appellant that the time to
file the opening brief
expired on July 8, 2007 and that the matter would be brought to the
attention of the court on July 27, 2007 for such action as the court
deems proper and the
appeal may be dismissed pursuant to Hawai`i Rules of Appellate
Procedure (HRAP) Rule 30; (6) Appellant did not file the opening brief
or seek relief from
default. Therefore,
IT IS HEREBY
ORDERED that the appeal is dismissed pursuant to HRAP Rule 30.
DATED: Honolulu,
Hawai`i, August 15, 2007.