NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 29609
IN
THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI‘I
JOHN EDWARD ABRAHAM,
Plaintiff-Appellant,
v.
STATE OF HAWAI‘I,
Defendant-Appellee
APPEAL FROM THE CIRCUIT COURT OF THE
FIRST CIRCUIT
(S.P.P. NO. 08-1-0035; CR. NO. 05-1-1627)
ORDER DISMISSING APPEAL
(By: Watanabe, Acting C.J., Foley and Nakamura, JJ.)
Upon review of the record, it appears: (1) On January 29, 2009,
Petitioner-Appellant John Edward Abraham (Appellant) filed a
notice of appeal; (2) on March 30, 2009, the appellate clerk filed a
notice of
entering case on calendar and notified Appellant that the
jurisdictional
statement was due on April 9, 2009, and the opening brief was due on
May 9,
2009; (3) on April 19, 2009, Appellant filed a document titled
"Appeal From Judgment
of the First Circuit Court Denial of Rule 40 Petition", and the
document was
docketed as a jurisdictional statement; (4) because Appellant did not
file an
opening brief, on May 22, 2009, the appellate clerk informed Appellant
that: (a) the time for filing the opening brief expired on May 9, 2009;
(b) the matter
would be called 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) on June 12, 2009,
this court issued an order stating that (a) Appellant shall file the
opening brief or an appropriate dismissal within
thirty (30) days; and (b) failure to comply with the order may result
in
dismissal of the appeal; (6) Appellant did not comply with the June 12,
2009
order. Therefore,
IT IS HEREBY
ORDERED that this appeal is dismissed.
DATED: Honolulu,
Hawai‘i, July 27, 2009.