Manara v. Kelly
This text of Manara v. Kelly (Manara v. Kelly) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 25-JUN-2025 08:55 AM Dkt. 18 ODSD
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
RYAN MANARA, Petitioner-Appellant, v. DERRICK R. KELLY; REBECCA V. LIKE; and RANDAL G.B. VALENCIANO, Respondents-Appellees
APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CASE NO. 5CCV-XX-XXXXXXX)
ORDER DISMISSING APPEAL (By: Leonard, Acting Chief Judge, Hiraoka, and Wadsworth, JJ.)
Upon review of the record, it appears that: (1) On June 5, 2024, self-represented Respondent- Appellant Ryan Manara (Manara) filed a notice of appeal. (2) On June 21, 2024, the appellate clerk entered a "Notice of Non-Payment," which informed Manara that upon submission of the notice of appeal he did not pay the filing fees or request a fee waiver by filing a motion for leave to proceed on appeal in forma pauperis, Manara must submit full payment of the filing fees by July 1, 2024, and that Manara's failure to pay the filing fees or file a motion for leave to proceed on appeal in forma pauperis by this date will be brought to the court's attention for action that may include dismissal of the appeal under Hawai#i Rules of Appellate Procedure (HRAP) Rule 3(a). (3) On September 19, 2024, the appellate clerk entered a "Default of Statement of Jurisdiction & Opening Brief," which NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
informed Manara 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 September 30, 2024 for appropriate action that may include dismissal of the appeal under HRAP Rules 12.1(e) and 30, and Manara could request relief from default by motion. (4) Manara has not paid the appellate filing fees or obtained an order allowing him to proceed in forma pauperis, and failed to file the statement of jurisdiction and opening brief. Manara has not taken any further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai#i, June 25, 2025.
/s/ Katherine G. Leonard Acting Chief Judge
/s/ Keith K. Hiraoka Associate Judge
/s/ Clyde J. Wadsworth Associate Judge
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