Bolden v. State

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
27-FEB-2024
10:18 AM
Dkt. 14 ORD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

LEROY LEE BOLDEN, Petitioner-Appellant, v.
STATE OF HAWAI I, Respondent-Appellee

DISTRICT COURT OF THE FIRST CIRCUIT
HONOLULU DIVISION
(CASE NOS. 1DTI-20-131601; 1DCC-XX-XXXXXXX; and 1DCC-XX-XXXXXXX)

ORDER
(By: Leonard, Acting Chief Judge, Nakasone and McCullen, JJ.)
Upon review of the record, it appears that:
(1) On November 17, 2023, the appellate clerk received
from self-represented Petitioner-Appellant LeRoy Lee Bolden
(Bolden) a Petition to Vacate, Set Aside, or Correct Judgment or
to Release Petitioner from Custody (Petition), under Hawai i
Rules of Penal Procedure Rule 40, and a Request to Proceed
Without Paying Filing Fees (Request for Fee Waiver);
(2) The appellate clerk mistakenly created this appeal
with the Petition, which should have been forwarded, along with
the Request for Fee Waiver, to the Circuit Court of the First
Circuit to create a new case; and
(3) Bolden subsequently filed in this appeal several
documents that should have been filed in other cases. See
Hawai i Court Records Rules Rule 3.3.
Therefore, IT IS HEREBY ORDERED that the appellate
clerk shall forward to the Clerk of the Circuit Court of First
Circuit (circuit court clerk) copies of the Petition (Dkt. 1) and
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Request for Fee Waiver (Dkt. 2), to create a new district court
or circuit court case as appropriate.
IT IS FURTHER ORDERED that the appellate clerk shall
file in State v. Bolden, CAAP-XX-XXXXXXX, a copy of this order
and Bolden's request for discovery, filed December 8, 2023, at
docket 6, and forward to the Clerk of the District Court of the
First Circuit (district court clerk) a copy of the same request
for discovery for filing in State v. Bolden, 1DCW-XX-XXXXXXX.
IT IS FURTHER ORDERED that the appellate clerk shall
forward to the district court clerk a copy of Bolden's motion,
filed December 11, 2023, at docket 8, for filing in State v.
Bolden, 1DTI-20-131601.
IT IS FURTHER ORDERED that the appellate clerk shall
forward to the district court clerk a copy of Bolden's motion,
filed January 11, 2024, at docket 10, for filing in State v.
Bolden, 1DCC-XX-XXXXXXX, and State v. Bolden, 1DCC-XX-XXXXXXX.
IT IS FURTHER ORDERED that the appellate clerk shall
serve a copy of this order on the circuit court clerk and
district court clerk, with the documents described above.
IT IS FURTHER ORDERED that the appellate clerk shall
close this appeal.
DATED: Honolulu, Hawai i, February 27, 2024.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Karen T. Nakasone
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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