Alston v. State

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed

Intermediate Court of Appeals CAAP-XX-XXXXXXX

04-MAR-2024

07:59 AM

Dkt. 16 ODSD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I

WILLIAM D. ALSTON, Petitioner-Appellant, v.

STATE OF HAWAI I, Respondent-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CPN-XX-XXXXXXX)

ORDER DISMISSING APPEAL

(By: Leonard, Acting Chief Judge, Nakasone and McCullen, JJ.)

Upon review of the record, it appears that:

(1) The statement of jurisdiction and opening brief were due on or before December 27, 2023;

(2) Self-represented Petitioner-Appellant William D.

Alston (Alston) failed to file either document;

(3) On January 5, 2024, the appellate clerk entered a default notice informing Alston that the time for filing the statement of jurisdiction and opening brief had expired, the matter would be called to the court's attention on January 16, 2024, for appropriate action, which could include dismissal of the appeal, under Hawai i Rules of Appellate Procedure Rules 12.1(e) and 30, and Alston could request relief from default by motion; and

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER (4) Alston has not taken any further action in this appeal.

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai i, March 4, 2024.

/s/ Katherine G. Leonard

Acting Chief Judge

/s/ Karen T. Nakasone

Associate Judge

/s/ Sonja M.P. McCullen

Associate Judge