NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER NO. 30174 MS = => IN THE INTERMEDIATE COURT OF APPEALS = OF THE STATE OF HAWAI‘I — , za = STATE OF HAWAI‘I, Plaintiff-Appellee, v. 2 Defendant -Appellant — COURTNEY K. DEMATTOS, ' APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT (FC-CR NO. 07-1-035K) ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 11(c) (2) (By: Nakamura, C.J., Foley and Leonard, JJ.)

Upon review of the record, it appears that: Defendant-Appellant Courtney K. DeMattos (Appellant) filed a 2009; (2) Appellant’s motion to (3) on January 7, (1) notice of appeal on November 3, proceed in forma pauperis on appeal was denied 2010, the appellate clerk informed Appellant: Rule 11(b) (2) of the Hawai‘i Rules of Appellate Procedure the record on appeal could not be filed without payment of the filing fee or an order allowing Appellant to proceed in forma and (b) the matter would be 2010 for such (a) pursuant to (HRAP) , pauperis pursuant to HRAP Rule 24 called to the attention of the court on January 14 action as the court deemed proper, including dismissal of the appeal pursuant to HRAP Rule 11(c) (2); and (4) Appellant did not pay the filing fee. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed pursuant to HRAP Rule 11(c) (2).

DATED: Honolulu, Hawai‘i, May 11, 2010.

Ca, A Vihar —_ Chief LJ Associate onal fe Associate Judge O23 d