* NOT FOR PUBLICATION ***
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
CHRIS GRINDLING, Plaintiff-Appellant,
vs.
STATE OF HAWAI`I and ALAN NOUCHI, Defendants-Appellees.
APPEAL FROM THE SECOND CIRCUIT COURT
(CV. NO. 05-1-0146)
ORDER DISMISSING APPEAL
(By: Nakayama, J. for the court (1))
Upon review of the record, it appears that final judgment has not been entered in Civil No. 05-1-0146. The appeal of the denial of the request to proceed in forma pauperis in the circuit court is an appeal of an interlocutory matter that is not appealable pursuant to HRS § 641-1(a). Thus, this appeal is premature and we lack jurisdiction. Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai`i, September 22, 2005.