NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER
NO.
28401
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE
OF HAWAI`I
GEORGE V.
JEMISON, Plaintiff-Appellant,
v.
NOLAN P.
ESPINDA, Warden;
TIME LEAE,
Operations Captain
Defendants-Appellees
APPEAL FROM
THE DISTRICT COURT OF THE FIRST CIRCUIT
HONOLULU
DIVISION
(CIVIL NO.
1RC06-1-5900)
ORDER DISMISSING APPEAL
(By:
Watanabe, Presiding Judge, Foley and Fujise, JJ.)
Upon review of the record, it appears that: (1) Plaintiff-Appellant
George V. Jemison filed a notice of appeal on January 29, 2007; (2) on
March 30, 2007, the
appellate clerk filed a notice of entering case on calendar and
notified Appellant that the jurisdictional statement was due on April
9, 2007 and the opening brief
was due on May 9, 2007; (3) Appellant filed the statement of
jurisdiction on April 23, 2007; (4) although the court granted
Appellant an extension of time until
June 8, 2007, Appellant did not file the opening brief; (5) on June 22,
2007, the appellate clerk informed Appellant that the time to file the
opening brief had
expired and that the matter would be brought to the attention of the
court on June 29, 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.