NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER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