NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 28929
IN
THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI‘I
NOLAN
BARCLAY, Petitioner-Appellant,
vs.
STATE
OF HAWAI‘I, Respondent-Appellee.
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(SPP NO. 07-1-0029; CR. NO. 05-1-2676)
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 December 28, 2007,
Petitioner-Appellant Nolan Barclay (Appellant)
filed a notice of appeal; (2) on February 26, 2008, the appellate clerk
filed a notice of entering case on calendar and notified
Appellant the jurisdictional statement was due on March 7, 2008 and the
opening brief was due on April 6, 2008; (3)
Appellant did not file the jurisdictional statement or the opening
brief; (4) on May 7, 2008, the appellate clerk informed
Appellant that: (a) the time to file the statement of jurisdiction and
the opening brief had expired; (b) the matter would be
brought to the attention of the court on May 14, 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
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, July 10, 2008.