State v. Spinney ( 2010 )

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NOT FOR PUBLICATION ]N WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 30l66
IN THE INTERMEDIATE COURT OF APPEALS
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sTATE oF HAwArI, P1ainciff-Appe11ee, `` gs
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ALFRED N. sPINNEY, aka ALAPALEKA sPINNEY, Defendant4§ppe11a§t
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APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
(CASE NO. 3DTA-09-Ol763)
ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30
(By: Fujise, Presiding Judge, Reifurth and Ginoza, JJ.%
Upon review of the record, it appears that:
(l) Defendant-Appellant Alfred Napahuelua Spinney
(Appellant) filed a notice of appeal on October 23, 2009;
(2) on April l, 2010, the appellate clerk filed the
record on appeal and informed Appellant that the jurisdictional
statement was due on April 1l, 2010, and the opening brief was
due on May ll, 20l0;
(3) Appellant did not file either document;
(4) on June l7, 2010, the appellate clerk informed
Appellant that: (a) the time to file the jurisdictional statement
and opening brief had expired, (b) the matter would be called to
the attention of the court on June 24, 2010, and (c) the appeal
may be dismissed, and
(5) Appellant did not file the required documents nor
request relief from default. Therefore,
NOT FOR PUBLICATION ]N WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
IT IS HEREBY ORDERED that the appeal is dismissed
pursuant to HawaFi Rules of Appellate Procedure Rule 30.
DATED: Honolulu, HawaiTq
September``l,72O1O.
Presidzlg Jud ``
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Associate Judge
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Associate Judge