NO.
28499
IN THE INTERMEDIATE COURT OF
APPEALS
OF THE STATE OF HAWAI‘I
FRANCIS
P. GRANDINETTI, Plaintiff-Appellant,
v.
DR.
KIM MARIE THORBURN, M.D., et al., Defendants-Appellees.
APPEAL FROM THE CIRCUIT COURT
OF THE
FIRST CIRCUIT
(CIV. NO. 06-1-2213)
ORDER
By: Recktenwald, C.J.,
Watanabe and Nakamura, JJ.)
Upon consideration of
Plaintiff-Appellant Francis Grandinetti's motion to vacate or
reconsider order. The
papers in support, and the records and files herein, it appears that:
(1) Appellant filed a notice of
appeal on April 12, 2007; (2) he did not pay the filing fee; (3) on
July 2, 2007, the appellate clerk
informed Appellant that the record could not be filed without the
filing fee or an order allowing him to
proceed in forma pauperis; (4) Appellant sought injunctive relief and
an extension to pay the filing fee,
and on July 27, 2007, this court issued an order extending the time to
pay the filing fee to September 4,
2007; (5) the order stated specifically that failure to pay the filing
fee within the time provided would
result in dismissal of the appeal; (6) on September 14, 2007, Appellant
filed a motion to vacate or
reconsider order; (7) Appellant did not pay the filing fee. Therefore,
IT IS HEREBY ORDERED that the motion to vacate or reconsider order is
denied.
IT IS FURTHER ORDERED that the appeal is dismissed for nonpayment of
the filing fee.
DATED: Honolulu,
Hawai‘i, October 24, 2007.