NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER


NO. 28116





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I







LLEWELLYN WAILEHUA, JR., Plaintiff-Appellant,
v.
HAWAII PAROLING AUTHORITY, et al., Defendants-Appellees







APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CV. NO. 97-4307)



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

Upon review of the record, it appears: (1) in a letter dated January 9, 2007, the appellate clerk informed Plaintiff-Appellant Llewellyn Wailehua that the time for filing the statement of jurisdiction expired on October 20, 2006 and the time for filing the opening brief expired on November 29, 2006, 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 deemed proper and the appeal may be dismissed; (2) although Plaintiff-Appellant filed an unserved document entitled Request to Vacate a Void Judgment, which was denied on January 29, 2007, Plaintiff-Appellant failed to file the statement of jurisdiction and the opening brief. Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed.

DATED: Honolulu, Hawai`i, March 15, 2007.