NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 29453





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





DWIGHT J. VICENTE, Claimant-Appellant,

v.

LIFE CARE CENTER OF HILO

and

AMERICAN HOME ASSURANCE,

Adjusted by JOHN MULLEN AND COMPANY, INC.,
Employer/Insurance Carrier/Insurance Adjuster-Appellee





APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD
(CASE NO. AB 2007-569(H)(1-87-882))



ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 24
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)

Upon review of the record, it appears that: (1) Claimant-Appellant Dwight J. Vincente filed a notice of appeal on November 5, 2008; (2) on November 17, 2008, the Labor and Industrial Relations Appeals Board denied Appellant's motion to proceed in forma pauperis; (3) Appellant did not seek further relief in the appellate court pursuant to HRAP Rule 24(c); (4) on January 20, 2009, the appellate clerk informed Appellant: (a) the record on appeal could not be filed without payment of the filing fee pursuant to Rule 11(b)(2) of the Hawai‘i Rules of Appellate Procedure (HRAP) or an executed motion to proceed in forma pauperis pursuant to HRAP Rule 24; and (b) the matter would be called to the attention of the court on January 27, 2009, pursuant to HRAP Rule 11(c)(2) for such action as the court deemed proper, which may include dismissal of the appeal; and (5) thereafter, Appellant failed to pay the filing fee or submit a motion to proceed in forma pauperis.

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed pursuant to HRAP Rule 24.

DATED: Honolulu, Hawai‘i, May 5, 2009.