NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 29156
IN
THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI‘I
DONDI KAIU, Petitioner-Appellant, v.
STATE OF HAWAI‘I, Respondent-Appellee
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(S.P.P. NO. 08-1-0002; CR. NO. 94-1107)
ORDER DISMISSING APPEAL
PURSUANT TO HRAP RULE 30
(By: Watanabe, Presiding Judge, Foley and Leonard, JJ.)
Upon review of the record, it appears that: (1) Petitioner-Appellant
Dondi Kaiu (Appellant) filed a notice of appeal on May
13, 2008; (2) on July 14, 2008, the appellate clerk filed a notice of
entering
case on calendar and notified Appellant the jurisdictional statement
was due on
July 24, 2008 and the opening brief was due on August 23, 2008; (3)
Appellant filed the jurisdictional statement on July 24, 2008; (4) on
August 21, 2008,
Appellant obtained an extension of time to file the opening brief, and
the opening
brief became due on September 24, 2008; (5) Appellant did not file the
opening
brief; (6) on October 10, 2008, the appellate clerk informed Appellant:
(a) the
time to file the opening brief expired; (b) the matter would be brought
to the
attention of the court on October 17, 2008 for such action as the court
deems
proper; and (c) the appeal may be dismissed pursuant to HRAP Rule 30;
and (7)
Appellant did not file the opening brief. Therefore,
IT IS HEREBY
ORDERED that the appeal is dismissed pursuant to HRAP Rule 30.
DATED: Honolulu,
Hawai‘i, November 12, 2008.