NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO.
29343
IN
THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI‘I
DAVID V. WILLIAMS, JR.,
Petitioner/Petitioner-Appellant, v.
STATE OF HAWAI‘I, Respondent/Respondent-Appellee.
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(SPP NOS. 07-1-0006; 07-1-0007)
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) Petitioner-Appellant
David V. Williams, Jr., filed a notice of appeal on
September 2, 2008; (2) on November 3, 2008, the appellate clerk filed a
notice of
entering case on calendar and notified Appellant the jurisdictional
statement was
due on November 13, 2008, and the opening brief was due on December 13,
2008; (3)
Appellant filed the statement of jurisdiction, but he did not file the
opening
brief; (4) on February 3, 2009, the appellate clerk informed Appellant
that: (a)
the time for filing the opening brief expired; (b) the matter would be
brought to
the attention of the court on February 10, 2009 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 respond to the default letter or file 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.