Birthdaysuit, III v. Adarna

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
03-OCT-2024
08:12 AM
Dkt. 15 OGMD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

GYM BIRTHDAYSUIT, III, a.k.a. JAMES PAUL CALZETTA,
Petitioner-Appellant, v.
JEROME D. ADARNA, Respondent-Appellee

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
HONOLULU DIVISION
(CIVIL NO. 1DSS-XX-XXXXXXX)

ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)
Upon consideration of the document filed on
September 30, 2024 by self-represented Petitioner-Appellant Gym
Birthdaysuit, III, a.k.a. James Paul Calzetta (Appellant), which
the court construes as a Hawai i Rules of Appellate Procedure
(HRAP) Rule 42(a) motion for dismissal of the appeal before it is
docketed and request for refund of the filing fees, IT IS HEREBY
ORDERED that the motion is granted as follows:
1. The appeal is dismissed;
2. Within fourteen (14) days of this order, Appellant
shall contact the Supreme Court Clerk to provide
any information necessary to process the refund of
his filing fee for the appeal;
3. Within twenty-one (21) days of this order, the
Supreme Court Clerk shall refund Appellant's
filing fee paid for the appeal, in accordance with
the information provided by Appellant;
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

4. If Appellant did not intend to request dismissal
of the appeal, he may seek reconsideration of this
order in accordance with HRAP Rule 40.
IT IS FURTHER ORDERED that a copy of this order shall
be served on the clerk of the District Court of the First
Circuit.
DATED: Honolulu, Hawai i, October 3, 2024.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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