State v. Miller

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed

Intermediate Court of Appeals CAAP-XX-XXXXXXX

05-MAR-2024

08:01 AM

Dkt. 26 ODSD

NO. CAAP-XX-XXXXXXX

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

STATE OF HAWAI I, Plaintiff-Appellee, v.

CLINT R. MILLER, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CR. NO. 1CPC-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 July 3, 2023, and July 31, 2023, respectively;

(2) Self-represented Defendant-Appellant Clint R.

Miller (Miller) failed to file either document;

(3) On February 12, 2024, the appellate clerk entered a default notice informing Miller 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 February 22, 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 Miller could request relief from default by motion; and

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER (4) Miller has not taken any further action in this appeal.

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

DATED: Honolulu, Hawai i, March 5, 2024.

/s/ Katherine G. Leonard

Acting Chief Judge

/s/ Karen T. Nakasone

Associate Judge

/s/ Sonja M.P. McCullen

Associate Judge