State v. Raquino

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 14-JUN-2022 08:44 AM Dkt. 30 ODSD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I STATE OF HAWAI I, Plaintiff-Appellee, v. NOE KIM RAQUINO, Defendant-Appellant. APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT NORTH AND SOUTH KONA DIVISION (CASE NO. 3DCW-XX-XXXXXXX) ORDER DISMISSING APPEAL (By: Hiraoka, Presiding Judge, Wadsworth and Nakasone, JJ.) Upon review of the record, it appears that: (1) On April 14, 2022, the court extended the opening brief deadline to May 16, 2022; (2) Self-represented Defendant-Appellant Noe Kim Raquino (Raquino) failed to file the opening brief or request another extension of time; (3) On May 17, 2022, the appellate clerk entered a default notice informing Raquino that the time for filing the opening brief had expired, the matter would be called to the court's attention on May 27, 2022, for appropriate action, which could include dismissal of the appeal, under Hawai i Rules of Appellate Procedure Rule 30, and Raquino could request relief from default by motion; and NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER (4) Raquino has not taken any further action in this appeal in response to the default notice. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai i, June 14, 2022. /s/ Keith K. Hiraoka Presiding Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Karen T. Nakasone Associate Judge 2