NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER


NO. 29443





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





DWAINE G. MEDEIROS, Plaintiff-Appellant, v.
LEINORA P. MEDEIROS, Defendant-Appellee





APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-D NO. 07-1-1899)





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 Dwaine G. Medeiros filed a notice of appeal on October 27, 2008; (2) on December 26, 2008, the appellate clerk filed a notice of entering case on calendar and notified Appellant the jurisdictional statement was due on January 5, 2009, and the opening brief was due on February 4, 2009; (3) Appellant did not file the statement of jurisdiction or the opening brief; (4) on February 13, 2009, the appellate clerk informed Appellant that: (a) the time for filing the statement of jurisdiction and the opening brief expired; (b) the matter would be brought to the attention of the court on February 20, 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 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.