FRANCIS A. GRANDINETTI II, Plaintiff-Appellant, v.
U.T.M.F. GARCIA, FDC/SCC, et al., Defendants-Appellees
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)
Plaintiff-Appellant Francis Grandinetti filed a notice of appeal on
August 13,
2008; (2) on October 13, 2008, the appellate clerk filed a notice of
entering
case on calendar and notified Appellant the jurisdictional statement
was due on
October 23, 2008 and the opening brief was due on November 22, 2008;
(3) Appellant
did not file the statement of jurisdiction or opening brief; (4) on
December 5,
2008, the appellate clerk informed Appellant that: (a) the time for
filing the
statement of jurisdiction and opening brief expired; (b) the matter
would be
brought to the attention of the court for such action as the court
deems proper;
and (c) the appeal may be dismissed pursuant to HRAP Rule 30; (5)
Appellant moved
for relief from default, and on December 26, 2008, the court granted
relief from
default and extended the due date of the statement of jurisdiction to
January 11, 2009 and the court extended the due date for the opening
brief to
February 11, 2009; (6) Appellant did not file the statement of
jurisdiction or the
opening brief; (7) on February 20, 2009, the appellate clerk sent
another notice
to Appellant informing him that (a) the time to file the statement of
jurisdiction
and the opening brief expired; (b) the matter would be brought to the
attention of
the court on February 27, 2009; and (c) the appeal may be dismissed;
and (8)
Appellant did not respond to the notice of default and Appellant did
not file the
statement of jurisdiction and the opening brief.
Therefore, IT IS HEREBY ORDERED that the appeal is dismissed pursuant
to HRAP Rule
30.
DATED: Honolulu, Hawai‘i, April 24, 2009.