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NOT FOR PUBLICATION ***
NO. 27051
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
STATE OF
HAWAI`I, Plaintiff-Appellee
vs.
WALTER LEROY
APANA, Defendant-Appellant
APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT
(TR2-6 OF
10/21/04)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears that (1) the supreme court
clerk's office informed Appellant, by letter dated February
28, 2005, that the record on appeal cannot be filed without payment of
the filing fee pursuant to Rule 3(f) of the Hawai`i
Rules of Appellate Procedure (HRAP) or an executed motion to proceed in
forma pauperis pursuant to HRAP Rule 24 and
that the matter would be called to the attention of the court for such
action as the court deemed proper pursuant to HRAP
Rule 11(a), including dismissal of the appeal; and (2) 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.
DATED: Honolulu,
Hawai`i, April 12, 2005.