NO. 27436


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



EDMUND M. ABORDO, Petitioner-Appellant


vs.


STATE OF HAWAI`I, Respondent-Appellee



APPEAL FROM THE FIRST CIRCUIT COURT
(S.P.P. NO. 05-1-0044)



ORDER(By: Duffy, J.)

Upon consideration of Petitioner-Appellant Edmund A. Abordo's motion for dismissal pursuant to HRAP Rule 42, the papers in support, and the records and files herein, it appears that: (1) the record on appeal has not been docketed; (2) if a record on appeal has not been docketed, HRAP Rule 42(a) requires the appellant to file any motion to dismiss the appeal in the court appealed from; and (3) upon entry of a dismissal order, the appellant must file a copy of the dismissal order with the clerk of the supreme court. Therefore,

IT IS HEREBY ORDERED that the motion to dismiss is denied without prejudice to Appellant filing the motion to dismiss in the court appealed from as required by HRAP Rule 42(a).

DATED: Honolulu, Hawai`i, August 24, 2005.



Edmund M. Abordo,
petitioner-appellant,
pro se, on the motion