NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 28852
IN
THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI‘I
CHARLES TIMOTHY CLUTE, Petitioner-Appellate,
v.
STATE OF HAWAI‘I, Respondent-Appellee.
APPEAL FROM THE CIRCUIT COURT OF THE
THIRD CIRCUIT
(SPP NO. 04-1-0005K; CR. NO. 00-1-69 (KONA))
ORDER DISMISSING APPEAL
PURSUANT TO HRAP RULE 30
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)
Upon review of the record, it appears that: (1) on November 14, 2007,
Petitioner-Appellant Charles Timothy Clute (Appellant)
filed a notice of appeal; (2) on January 14, 2008, the appellate clerk
filed a
notice of entering case on calendar and notified Appellant the
jurisdictional
statement was due on January 24, 2008 and the opening brief was due on
February
23, 2008; (3) Appellant filed the statement of jurisdiction, but he did
not file
the opening brief; (4) on May 12, 2008, the appellate clerk informed
Appellant
that: (a) the time to file the the opening brief expired; (b) the
matter would be
brought to the attention of the court on May 19, 2008 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 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, July 10, 2008.