*** NOT FOR PUBLICATION ***

NO. 26960



IN THE SUPREME COURT OF THE STATE OF HAWAI`I


JOHN S. KWIAT, Plaintiff-Appellant

vs.


STANLEY MURAKAMI, STATE OF HAWAI`I; CITY AND COUNTY OF HONOLULU;
Defendants-Appellees


and


JOHN DOES 1-20; JANE DOES 1-20; DOE PARTNERSHIPS 1-20; DOE
CORPORATIONS 1-20, and DOE ENTITIES 1-20; Defendants-Appellees



APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 01-1-0689)


ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon review of the record, it appears that this court informed Appellant by letter dated March 11, 2005 that the time for filing the opening brief expired on February 27, 2005, and that, pursuant to Rule 30 of the Hawai`i Rules of Appellate Procedure, the matter would be called to the attention of the court for such action as the court deemed proper including dismissal of the appeal. Appellant having failed to respond to said letter or to otherwise oppose dismissal,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai`i, April 12, 2005.