Opinion
NO. CAAP-11-0000727
12-28-2011
STATE OF HAWAI'I, Plaintiff-Appellee, v. HARVEY K. KELIIKOA, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
(CASE NO. 3DTC-11-010942)
ORDER DISMISSING APPEAL PURSUANT TO NON-PAYMENT OF FILING FEES
(By: Nakamura, C.J., Foley and Reifurth, JJ.)
Upon review of the record, it appears that:
(1) on October 5, 2011, Defendant-Appellant Harvey K. Keliikoa (Appellant) filed a notice of appeal; (2) on November 10, 2011, this court denied Appellant's request to proceed in forma pauperis after finding that Appellant failed to demonstrate his inability to pay the filing fee; (3) the November 10, 2011 order directed Appellant to pay the filing fee within ten days or face dismissal of the appeal; (4) Appellant did not pay the filing fee as directed; (5) on November 29, 2011, the appellate clerk informed Appellant that: (a) he did not pay the filing fee pursuant .to the court's order; (b) he must submit the amount of $100.00 by December 9, 2011; and (c) that failure to pay will be brought to the attention of the court for such action as the court deems appropriate, including dismissal of the appeal; and (6) thereafter, Appellant did not pay the filing fee or otherwise respond to the default notice. Therefore,
IT IS HEREBY ORDERED that the appeal is dismissed.
DATED: Honolulu, Hawai'i, December 28, 2011.
Chief Judge
Associate Judge
Associate Judge