*** NOT FOR PUBLICATION ***


NO. 27748



IN THE SUPREME COURT OF THE STATE OF HAWAI`I




U.S. BANK NATIONAL ASSOCIATION, fka FIRST BANK NATIONAL
ASSOCIATION, AS TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST,
SERIES 1997-NC6, Plaintiff-Appellee


vs.


EDDY J. MASCITTO, Defendant-Appellant


and


JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE
CORPORATIONS 1-10; DOE ENTITIES 1-10 and DOE GOVERNMENTAL UNITS
1-10, Defendants



APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 03-1-0946)



ORDER DISMISSING APPEAL
(By: Nakayama, J., for the court (1))

Upon review of the record, it appears that this court informed Appellant by letter dated May 26, 2006, that the time for filing the statement of jurisdiction expired on April 14, 2006, and the time for filling the opening brief expired on May 14, 2006, 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 file the statement of jurisdiction and the opening brief,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai`i, June 15, 2006.



1.     Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.