NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 28612





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





JOHN JENKINS,
Petitioner-Appellant,

v.

STATE OF HAWAI‘I,
Respondent-Appellee.





APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(SPP 06-1-0053; CR NO. 01-1-891)




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

Upon review of the record, it appears that:

(1) Petitioner-Appellant John Jenkins (Appellant) filed a notice of appeal on June 25, 2007; (2) on August 24, 2007, the appellate clerk filed a notice of entering case on calendar and notified Appellant that the jurisdictional statement was due on September 3, 2007 and the opening brief was due on October 3, 2007; (3) Appellant did not file the jurisdictional statement or the opening brief; (4) on October 16, 2007, the appellate clerk informed Appellant that: (a) the time to file the statement of jurisdiction and the opening brief expired; (b) the matter would be brought to the attention of the court on October 23, 2007 for such action as the court deems proper; and (c) the appeal may be dismissed pursuant to HRAP Rule 30; and (5) Appellant did not file the statement of jurisdiction and 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, January 25, 2008.