Carter v. Honolulu Police Department

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
13-MAY-2025
07:51 AM
Dkt. 15 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

SAMUEL CARTER, Plaintif-Appellant, v.
HONOLULU POLICE DEPARTMENT, CITY & COUNTY OF HONOLULU;
CHIEF OF POLICE; WINSTON HALE; JUSTIN GONSALVES; JORDAN REGO;
KENRIC PAI; FLORAND BLANCO, Defendants-Appellees

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

ORDER DISMISSING APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)
Upon review of the record, it appears that:
(1) On August 8, 2024, Plaintiff-Appellant Samuel
Carter (Carter) filed the notice of appeal, self-represented;
(2) The statement of jurisdiction and opening brief
were due on or before October 7, 2024, and November 6, 2024,
respectively;
(3) Carter failed to file either document, or request
an extension of time;
(4) On November 15, 2024, the appellate clerk entered a
default notice informing Carter 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 November 25,
2024, for appropriate action, which could include dismissal of
the appeal, under Hawai i Rules of Appellate Procedure
Rules 12.1(e) and 30, and Carter could request relief from
default by motion;
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(5) On November 26, 2024, Carter filed a Motion to Add
Defendants['] Address to Default of Statement of Jurisdiction and
Opening Brief (November 26, 2024 motion);
(6) On December 18, 2024, Carter filed a Motion to Add
Defendants['] Address to Default of Answering Brief (ND4)
(December 18, 2024 motion);
(7) Neither the November 26, 2024 motion nor the
December 18, 2024 motion requests relief from default of the
statement of jurisdiction or opening brief; and
(8) Carter has not taken any further action in this
appeal.
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 13, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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