State v. Spinney

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
19-JUN-2023
08:04 AM
Dkt. 58 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

STATE OF HAWAI I, Plaintiff-Appellee, v.
ALFRED SPINNEY, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
NORTH AND SOUTH KONA DIVISION
(CASE NO. 3DTA-17-01026)

ORDER DISMISSING APPEAL
(By: Ginoza, Chief Judge, Hiraoka and Wadsworth, JJ.)
Upon review of the record, it appears that:
(1) On October 26, 2021, the court issued an order to
show cause to self-represented Defendant-Appellant Alfred N.
Spinney (Spinney) to file, within thirty days from the order, a
declaration, affidavit, or other sworn statement indicating why
the appeal should not be dismissed for failure to participate in
district court proceedings during the temporary remand described
in the order, pay the appellate filing fee or obtain a fee
waiver, or file the statement of jurisdiction and opening brief.
The court cautioned Spinney that failure to timely respond to the
order or to show good cause may result in sanctions. The
appellate clerk mailed a copy of the order to Spinney by
certified mail, and received a return receipt confirming
conventional service; and
(2) Spinney failed to respond to the order to show
cause.
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed, under Hawai i Rules of Appellate Procedure Rules
11(b)(2) and (c)(2), 12.1(e), 30, and 51.
IT IS FURTHER ORDERED that the appellate clerk shall
mail a copy of this order to Spinney by certified mail at each
address on record for Spinney in this case.
DATED: Honolulu, Hawai i, June 19, 2023.

/s/ Lisa M. Ginoza
Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

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