Hutch v. State (Order Dismissing Appeal)

NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER

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NO. 28034

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I

EUGENE JAMES HUTCH, Petitioner-Appellant,

v.

STATE OF HAWAI`I, Respondent-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(S.P. NO. 05-1-0353)

ORDER DISMISSING APPEAL

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

Upon review of the record, it appears: (1) in a letter dated February 16, 2007, the appellate clerk informed Petitioner-Appellant Eugene James Hutch that the time for filing the opening brief expired on January 22, 2007, and 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 deems proper and the appeal may be dismissed; (2) Petitioner-Appellant did not respond to the letter; (3) Petitioner-Appellant failed to file the opening brief or otherwise oppose dismissal. Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed.

DATED: Honolulu, Hawai`i, March 12, 2007.