Background
River Young, proceeding without counsel, appealed from the District Court of the Fifth Circuit, Līhuʻe Division. The appellate court ordered Young on October 5, 2026, to pay the full filing fee within ten days or file a compliant motion to proceed in forma pauperis under Hawaiʻi Rules of Appellate Procedure Rule 24(a).
The order cautioned that noncompliance could result in dismissal. Young neither responded nor paid the fee or obtained a waiver, and no record on appeal was filed.
The Court’s Holding
The Hawaii Intermediate Court of Appeals dismissed the appeal. It concluded that Young’s failure to pay the required fees or secure permission to proceed in forma pauperis prevented preparation of the record on appeal.
The court relied on HRAP Rule 11(b)(2) and (c)(2), which permit dismissal when the record is not prepared because an appellant has not paid required fees or obtained an in forma pauperis order.
Key Takeaways
- An appellant must timely pay required appellate fees or obtain a valid fee waiver.
- Failure to comply with an appellate order addressing fees can prevent the record from being prepared.
- The court may dismiss an appeal under HRAP Rule 11 when the record is not prepared because of unpaid fees or the absence of an in forma pauperis order.
Why It Matters
The order underscores that self-represented appellants remain responsible for meeting appellate filing-fee and procedural requirements. A warning order does not preserve an appeal if the appellant neither pays nor timely seeks a compliant waiver.