NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER



NO. 28122






IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I







STATE OF HAWAI`I, Plaintiff-Appellee,
v.
LISPNARD THOMAS ALLISON, Defendant-Appellant






APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT
WAILUKU DIVISION
(CASE NO. 2DTI-06-021280)







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

Upon review of the record, it appears: (1) in a letter dated January 5, 2007, the appellate clerk informed Defendant-Appellant Lispnard Thomas Allison that the time for filing the statement of jurisdiction expired on October 30, 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) Defendant-Appellant failed to respond to the letter; (3) Defendant-Appellant failed to file the statement of jurisdiction and the opening brief or otherwise oppose dismissal. Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed.

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