Souza v. Williamson (Order Dismissing Appeal Pursuant to HRAP Rule 11(c)(2)).

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

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NO. 28795

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

UILANI R. SOUZA,
Petitioner-Appellee,

v.

CALVERT A. WILLIAMSON,
Respondent-Appellant.





APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(CIV. NO. 1SS07-1-01102)





ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 11(c)(2)
(By: Recktenwald, C.J., Watanabe and Leonard, JJ.)

Upon review of the record, it appears that:  (1) Defendant-Appellant Calvert A. Williamson (Appellant) filed a notice of appeal on October 8, 2007; (2) Appellant's motions to proceed in forma pauperis on appeal were denied; (3) on February 1, 2008, the appellate clerk informed Appellant: (a) pursuant to Rule 11(b)(2) of the Hawai‘i Rules of Appellate Procedure (HRAP), the record on appeal cannot be filed without payment of the filing fee or an order allowing Appellant to proceed in forma pauperis pursuant to HRAP Rule 24; and (b) the matter would be called to the attention of the court on February 8, 2008 for such action as the court deemed proper, including dismissal of the appeal pursuant to HRAP Rule 11(c)(2); and (4) Appellant did not pay the filing fee. Therefore,

IT IS HEREBY ORDERED that the appeal is dismissed pursuant to HRAP Rule 11(c)(2).

DATED: Honolulu, Hawai‘i, March 24, 2008.