Opinion
NO. CAAP-15-0000688
01-29-2016
STATE OF HAWAI'I, Plaintiff-Appellant, v. MICHAEL ANTHONY VENTRELLA, Defendant-Appellee
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CR. NO. 15-1-0103K) ORDER GRANTING THE JANUARY 6, 2016 "MOTION TO DISMISS APPEAL FOR STATE'S FAILURE TO PROSECUTE"
(By: Foley, Presiding Judge, Leonard and Ginoza, JJ.)
Upon consideration of the "Motion to Dismiss for State's Failure to Prosecute," filed by Defendant-Appellee Michael Anthony Ventrella (Ventrella), on January 6, 2016, the "No Opposition to Motion for Default" (Statement of No Opposition) filed on January 8, 2016, by Plaintiff-Appellant State of Hawai'i (State), the papers in support, and the record, it appears that (1) Ventrella seeks to dismiss the appeal for failure to prosecute; (2) on January 7, 2016, the Appellate Clerk notified the State that the deadline to file the statement of jurisdiction expired on December 3, 2015, and the deadline to file the opening brief expired on January 4, 2016; and (3) the State filed its Statement of No Opposition, asking this court to enter default against the State.
IT IS HEREBY ORDERED that the motion is granted, and the appeal is dismissed.
DATED: Honolulu, Hawai'i, January 29, 2016.
/s/
Presiding Judge
/s/
Associate Judge
/s/
Associate Judge