IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII
March 28, 2012
STATE OF HAWAII,
DIANA NGA PHONG, DEFENDANT-APPELLANT
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT (CASE NO. 1P111-3565)
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 11(c)(2)
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)
Upon review of the record, it appears that:
(1) on October 11, 2011, Defendant-Appellant Diana Nga Phong (Appellant) filed a notice of appeal; (2) she did not pay the filing fee or move to waive the filing fee; (3) on February 15, 2012, the appellate clerk notified Appellant that: (a) the filing fee was not paid and the record could not be prepared and filed without payment of the filing fee or an order allowing Appellant to proceed in forma pauperis pursuant to Hawaii Rules of Appellate Procedure Rule 24; and (b) the matter would be called to the attention of the court on February 25, 2012 for such action as the court deemed proper, which may include dismissal of the appeal; and (4) thereafter, Appellant did not seek relief from default or pay the required filing fee.
Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.
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