NOT
FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 29608
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I
JESSE
TROY IOLANIAUHANA AKINA, Petitioner-Appellee, v.
STATE OF HAWAI‘I, Respondent-Appellant
APPEAL
FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(S.P.P. NO. 08-1-0007K; CR. NO. 00-1-25K)
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 Jesse-Troy Iolani Auhana Akina (Appellant) filed a
notice of appeal on January 29, 2009; (2) on March 30, 2009, the
appellate clerk
filed a notice of entering case on calendar and notified Appellant the
jurisdictional statement was due on April 9, 2009 and the opening brief
was due
on May 9, 2009; (3) Appellant did not file the statement of
jurisdiction or the
opening brief; (4) on May 22, 2009, the appellate clerk informed
Appellant 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 May
29, 2009 for such action as the court deems proper; and (c) the appeal
may be
dismissed pursuant to HRAP Rule 30; (5) Appellant did not file the
statement of
jurisdiction and opening brief or seek relief from default. Therefore,
IT IS HEREBY
ORDERED that the appeal is dismissed pursuant to HRAP Rule 30.
DATED: Honolulu,
Hawai‘i, June 17, 2009.