NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER
NO.
28434
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE
OF HAWAI`I
ANTHONY
JOSEPH SCOTT, Petitioner-Appellant,
v.
STATE OF
HAWAI`I, Respondent-Appellee
APPEAL FROM THE CIRCUIT COURT OF
THE THIRD CIRCUIT
KONA
DIVISION
(S.P.P. NO.
07-1-0001K)
ORDER DISMISSING APPEAL
(By:
Recktenwald, C.J., Watanabe and Nakamura, JJ.)
Upon review of the record, it appears that: (1) Petitioner-Appellant
Anthony Joseph Scott filed a notice of appeal on March 6, 2007; (2) on
May 7, 2007, the
appellate clerk filed a notice of entering case on calendar and
notified Appellant that the jurisdictional statement was due on May 17,
2007 and the opening
brief was due on June 16, 2007; (3) Appellant did not file the
statement of jurisdiction or the opening brief; (4) on June 29, 2007,
the appellate clerk informed
Appellant that the time to file the statement of jurisdiction and the
time to file the opening brief had expired and that the matter would be
brought to the
attention of the court on July 6, 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 statement of
jurisdiction and 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.