NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 29735
IN
THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI‘I
MICHAEL MARS, Petitioner-Appellant,
v.
STATE OF HAWAI‘I, Respondent-Appellee
APPEAL FROM THE CIRCUIT COURT OF THE
FIRST CIRCUIT
(S.P.P. NO. 08-1-0051; CR. NO. 04-1-1617)
ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30
(By:
Watanabe, Acting C.J., Nakamura and Fujise, JJ.)
Upon review of the record, it appears that: (1)
Petitioner-Appellant Michael Mars (Appellant) filed a notice of appeal
on
April 1, 2009; (2) on June 1, 2009, the appellate clerk filed a notice
of entering
case on calendar and notified Appellant the jurisdictional statement
was due on
June 11, 2009 and the opening brief was due on July 11, 2009; (3)
Appellant did
not file the statement of jurisdiction or the opening brief; (4) on
July 17, 2009, the appellate clerk informed Appellant that: (a) the
time to
file the statement of jurisdiction and the opening brief had expired;
(b) the
matter would be brought to the attention of the court on July 24, 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 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, September 11, 2009.