NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER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