NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 08-SEP-2021 08:45 AM Dkt. 14 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I CURTIS R. BROOKS, Petitioner-Appellant, v. STATE OF HAWAI#I, Respondent-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (S.P.P. NO. 1CPN-190000009 (CR. NO. 1PC071000394))

ORDER DISMISSING APPEAL (By: Leonard, Presiding Judge, Nakasone and Fujise, JJ.)

Upon review of the record, it appears that: (1) On June 7, 2021, the circuit court clerk electronically filed self-represented Petitioner-Appellant Curtis R. Brooks's (Brooks) notice of appeal to create this appeal; (2) On June 18, 2021, the circuit court clerk filed the record on appeal, and the appellate clerk notified the parties that the statement of jurisdiction and opening brief were due on or before June 28, 2021, and July 28, 2021, respectively; (3) Brooks failed to file either document or request an extension of time; (4) On August 18, 2021, the appellate clerk entered a default notice informing Brooks 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 August 30, 2021, for appropriate action, which could include dismissal of the appeal, under Hawai#i Rules of Appellate Procedure Rules 12.1(e) and 30, and Brooks could request relief from default by motion; and NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER (5) Brooks took no further action in this appeal.

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai#i, September 8, 2021.

/s/ Katherine G. Leonard Presiding Judge /s/ Karen T. Nakasone Associate Judge /s/ Alexa D.M. Fujise Associate Judge