Pauline v. Espinda

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
17-MAY-2022
08:01 AM
Dkt. 14 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

ELDEN PAULINE, Plaintiff-Appellant, v.
DIRECTOR ESPINDA, Defendant-Appelllee.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1CCV-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Hiraoka, Presiding Judge, Wadsworth and Nakasone, JJ.)
Upon review of the record, it appears that:
(1) On February 14, 2022, self-represented Plaintiff-
Appellant Elden Pauline (Pauline), filed the notice of appeal
without paying the fee required by Hawai#i Rules of Appellate
Procedure (HRAP) Rule 3(a);
(2) On February 23, 2022, the appellate clerk notified
Pauline to pay the filing fee or file a motion for leave to
proceed on appeal in forma pauperis on or before March 7, 2022,
or the appeal could be dismissed;
(3) The record on appeal was due on or before April 18,
2022, see HRAP Rule 11(b)(1), but was not filed because Pauline
failed to pay the filing fee or obtain a fee waiver;
(4) On April 26, 2022, the appellate clerk entered a
default of the record on appeal, informing Pauline that the time
to docket the appeal had expired, Pauline had not paid the filing
fee or obtained an order allowing him to proceed on appeal in
forma pauperis, the matter would be brought to the court's
attention on May 6, 2022, for action that may include dismissal
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

of the appeal, and Pauline could seek relief from default by
motion; and
(5) Pauline has not taken any further action in this
appeal. An appeal may be dismissed where the record on appeal
has not been prepared because the appellant failed to pay the
required fees or obtain an order allowing the appellant to
proceed in forma pauperis. HRAP Rule 11(b)(2), (c)(2).
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai#i, May 17, 2022.
/s/ Keith K. Hiraoka
Presiding Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Karen T. Nakasone
Associate Judge

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