Manara v. Kelly

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
25-JUN-2025
08:55 AM
Dkt. 18 ODSD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

RYAN MANARA, Petitioner-Appellant,
v.
DERRICK R. KELLY; REBECCA V. LIKE; and RANDAL G.B. VALENCIANO,
Respondents-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CASE NO. 5CCV-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka, and Wadsworth, JJ.)

Upon review of the record, it appears that:
(1) On June 5, 2024, self-represented Respondent-
Appellant Ryan Manara (Manara) filed a notice of appeal.
(2) On June 21, 2024, the appellate clerk entered a
"Notice of Non-Payment," which informed Manara that upon
submission of the notice of appeal he did not pay the filing fees
or request a fee waiver by filing a motion for leave to proceed
on appeal in forma pauperis, Manara must submit full payment of
the filing fees by July 1, 2024, and that Manara's failure to pay
the filing fees or file a motion for leave to proceed on appeal
in forma pauperis by this date will be brought to the court's
attention for action that may include dismissal of the appeal
under Hawai#i Rules of Appellate Procedure (HRAP) Rule 3(a).
(3) On September 19, 2024, the appellate clerk entered
a "Default of Statement of Jurisdiction & Opening Brief," which
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

informed Manara that the time for filing the statement of
jurisdiction and opening brief had expired, the matter would be
called to the court's attention on September 30, 2024 for
appropriate action that may include dismissal of the appeal under
HRAP Rules 12.1(e) and 30, and Manara could request relief from
default by motion.
(4) Manara has not paid the appellate filing fees or
obtained an order allowing him to proceed in forma pauperis, and
failed to file the statement of jurisdiction and opening brief.
Manara has not taken any further action in this appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed.
DATED: Honolulu, Hawai#i, June 25, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

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