August 19, 2013
In the Matter of the Guardianship of THOMAS HAJNY, An Incapacitated Person
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-G. NO. 09-1-0230)
Nakaraura, C.J., Fujise and Reifurth, JJ.
ORDER DISMISSING APPEAL PURSUANT TO HRAP RULES 1Kb) (2) and life) (2)
Upon review of the record, it appears that:
(1) On June 17, 2013, Ward-Appellant Thomas Hajny (Appellant), pro se, filed a notice of appeal;
(2) On August 1, 2 013, the appellate clerk issued Appellant a notice of non-payment and absence of motion to proceed in forma pauperis, informing Appellant to pay the $3 00 filing fee by August 11, 2013, or the matter would be referred to the court for appropriate action, which may include dismissal;
(3) Thereafter, Appellant took no further action in this appeal;
(4) Filing and docketing fees have not been paid, and the record cannot be prepared without payment of the fees or an order allowing Appellant to proceed in forma pauperis;
(5) An appeal may be dismissed where the record on appeal has not been prepared because the appellant failed to pay the required fees or obtain an order allowing the appellant to proceed in forma pauperis. See Hawai'i Rules of Appellate Procedure Rules 11(b)(2), (c)(2). Therefore,
IT IS HEREBY ORDERED that the appeal is dismissed.