NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER


NO. 28154



IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I








DIPAK MAYAMANUS SARKAR, Plaintiff-Appellant,
v.
HEMA SARKAR, Defendant-Appellee






APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-D NO. 02-1-2065)





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 Dipak Mayamanus Sarkar that the time for filing the statement of jurisdiction expired on November 17, 2006 and the time for filing the opening brief expired on December 27, 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) Plaintiff-Appellant failed to respond to the letter; (3) Plaintiff-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, Hawai`i, March 12, 2007.