NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 28715
IN
THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI‘I
STATE OF HAWAI‘I,
Plaintiff-Appellee, v.
DONALD KAGAWA, Defendant-Appellant.
APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT
(CASE NO. 5P106-00871)
ORDER DISMISSING APPEAL
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)
Upon review of the record, we find as follows: (1) On August 27,
2008, Defendant-Appellant Donald Kagawa (Appellant), proceeding
pro se, filed a notice of appeal; (2) on February 26, 2008, this court
remanded
this case to the District Court of the Fifth Circuit (district court)
to hear and
determine a motion to withdraw as counsel; (3) while the case was in
the district
court on remand, Appellant informed the district court he wanted to
proceed pro se
and intended to withdraw this appeal; (4) on June 6, 2008, the district
court
granted the motion to withdraw and allowed Appellant to represent
himself on
appeal; (5) Appellant did not withdraw his appeal and did not file his
opening
brief; (6) on July 11, 2008, the appellate clerk notified Appellant at
the address
provided in the record that: (a) the time to file the opening brief
expired; (b)
the matter would be brought to the attention of the court on July 18,
2008 for
such action as the court deems proper; and (c) the appeal may be
dismissed
pursuant to HRAP Rule 30; (7) the letter was returned as undeliverable;
(8) on
July 30, 2008, after obtaining another address for Appellant, the
appellate clerk
notified Appellant that the time to file the opening brief expired and
that the
matter would be brought to the attention of the court on August 6, 2008
and the appeal may be dismissed; and (9) that letter was returned to
the
court as undeliverable with a notation that Appellant was not at the
address. Therefore,
IT IS HEREBY
ORDERED that this appeal is dismissed.
DATED: Honolulu,
Hawai‘i, September 18, 2008.