Smith v. State, Department of Public Safety (Order Dismissing Appeal)

NO. 28697

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

GARDINER BOSEY SMITH III,
Plaintiff-Appellant,

v.

STATE OF HAWAI‘I, DEPARTMENT OF PUBLIC SAFETY,
CARMELLO LOPEZ SANTIAGO, FSM IV Manager; HALAWA
CORRECTIONAL FACILITY; RAYMOND ONOUYE, SGT/ACO/H/C.F.,
Defendants-Appellees.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIV. NO. 07-1-0785)

ORDER
(By: Recktenwald, C.J., Watanabe and Nakamura, JJ.)

Upon consideration the declaration in support of request to proceed in forma pauperis filed by Plaintiff-Appellant Gardiner Bosey Smith, III, it appears Appellant has already been granted leave to proceed on appeal without payment of the filing fee. Therefore,

IT IS HEREBY ORDERED that the request to proceed in forma pauperis on appeal is dismissed as unnecessary.

DATED: Honolulu, Hawai‘i, November 19, 2007.