NOT FOR PU'BLICATION IN W’EST‘S HAWAI‘I REP()RTS AN]) PACII*`!C R]BIPO.R'.I`ER NO. 30029

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IN THE lNTERMEDlATE COURT OF APPEALS oF was sTATE or HAwA:u: 51 ga nAv1n MART:N cANN:Nc, JR., claimant-Appe1ian:,>§“> §§ V .

ALLEGIS GROUP and Al SOUTH INSURANCE COMPANY, adjusted by CRAWFORD AND COMPANY, Employer and Insurance Carrier/Insurance Adjuster-Appellee, and DOUGLAS THOMAS MOORE, ESQ., Party-in~IntereSt APPEAL FRoM THE LABoR AND INnUsTR1AL RELAT:oNs APPEALs soARD (AB 2009-324(wH>(9-07-i599>) ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE ll(C)(2) (By: Nakamura, C.J., Foley and Fujise, JJ.)

Upon review of the record, it appears that: (l) Claimant-Appellant David M. Canning (Appellant) filed a notice of appeal on September l, 2009; (2) Appellant did not pay the filing fee; (3) on November lO, 2009, the appellate clerk informed Appellant: (a) pursuant to Rule ll(b)(2) of the Hawafi Rules of Appellate Procedure (HRAP), the record on appeal cannot be filed without payment of the filing fee or an order allowing Appellant to proceed in forma pauperis pursuant to HRAP Rule 24; and (b) the matter would be called to the attention of the court on November l7, 2009 for such action as the court deemed proper, including dismissal of the appeal pursuant to HRAP Rule l1(c)(2); and (4) Appellant failed to pay the filing fee or submit a motion to proceed in forma pauperis. Therefore,

NOT FOR PUBLICz-\TI()N IN VVEST'S HAWAI‘]_ REI’ORTS AND PACIFIC REPOR'_I`ER IT IS HEREBY ORDERED that the appeal is dismissed pursuant to HRAP Rule ll(c)(2).

DATI~::J;); H@n@lulu, Hawai‘i, February 23/ 20lO.

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