Opinion
NO. CAAP-16-0000315
07-06-2016
LARRY BOSWORTH, Claimant-Appellant, v. FOSS MARITIME COMPANY, Employee-Appellee, and ACCLAIM RISK MANAGEMENT, Insurance Carrier-Appellee
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD
(CASE NO. AB 2014-352; DCD NO. 2-14-03204) ORDER DISMISSING THE APPEAL PURSUANT TO HRAP 11(b)(2), (c)(2)
(By: Foley, Presiding Judge, Leonard and Ginoza, JJ.)
Upon review of the record, it appears that:
(1) On April 1, 2016, Claimant-Appellant Larry Bosworth (Appellant), pro se, conventionally filed in the Labor and Industrial Relations Appeals Board (Board) a notice of appeal, and a motion for leave to proceed on appeal in forma pauperis. The Board clerk electronically filed the documents to create this appeal on April 4, 2016;
(2) On April 13, 2016, the Board denied without prejudice Appellant's motion for leave to proceed on appeal in forma pauperis;
(3) On June 6, 2016, the appellate clerk notified Appellant that the time to docket the record on appeal expired on June 3, 2016, the filing and docketing fees had not been paid, the record on appeal cannot be prepared without the fees or an order authorizing Appellant to proceed on appeal in forma pauperis, the matter would be called to the court's attention on June 16, 2016, for action that may include dismissal, and Appellant may file a motion requesting relief from default;
(4) Appellant did not pay the filing fees, or take any further action in this appeal; and
(5) An appeal may be dismissed where the record on appeal has not been prepared because the appellant failed to pay the required fees or obtain an order allowing the appellant to proceed in forma pauperis. Hawai'i Rules of Appellate Procedure Rule 11(b)(2), (c)(2).
Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.
Dated: Honolulu, Hawai'i, July 6, 2016.
/s/
Presiding Judge
/s/
Associate Judge
/s/
Associate Judge