NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

NO. CAAP-21-0000326

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

RIKA SHIMIZU, Plaintiff-Appellant, v.

RT, a minor, TOMOKO MATSUKAWA, his legal guardian,

MINA TAKAMURA, his mother, TAKESHI NANBU, his father,

CITY AND COUNTY OF HONOLULU, HONOLULU POLICE DEPARTMENT,

HPD Detective, ARNOLD SAGUCIO, HPD Officer, MARC COBB-ADAMS,

HPD Detective, SERGEANT FLORAND BLANCO,

Officers and employees from HONOLULU POLICE DEPARTMENT,

Officers and employees of U.S. MARSHALS TASK FORCE,

and DOES 1 TO 10, Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(CIVIL NO. 1CCV-20-0000521)

ORDER DISMISSING APPEAL

(By: Hiraoka, Presiding Judge, Wadsworth and Fujise, JJ.)

Upon consideration of self-represented PlaintiffAppellant Rika Shimizu's (Shimizu) August 31, 2021 Motion for

Stay of Proceedings and Orders (August 31, 2021 Motion), the

papers in support, and the record, it appears that:

(1) On July 12, 2021, the court denied Shimizu's

June 18, 2021 motion for leave to proceed on appeal in forma

pauperis, ordered Shimizu to pay the filing fees within ten days

from the order, and cautioned Shimizu that failure to pay the

filing fees may result in the appeal being dismissed, citing

Hawai#i Rules of Appellate Procedure (HRAP) Rule 24(c);

(2) On July 29, 2021, the court denied Shimizu's

July 21, 2021 motion for reconsideration of the July 12, 2021

Electronically Filed

Intermediate Court of Appeals

CAAP-21-0000326

03-SEP-2021

08:48 AM

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order, and again ordered Shimizu to pay the filing fees within

ten days from the order with the caution that failure to do so

may result in the appeal being dismissed, under HRAP Rule 24(c);

(3) On August 12, 2021, the court, among other things,

construed Shimizu's August 5, 2021 motion seeking, in part, "to

stay the due date for the payment of the filing fees and prepaid

fees which is set 10 days from the date of issuance of the Court

Oder which was issued on July 29, 2021 pursuant to Rule 41 of

HRAP" as a second motion for reconsideration of the July 12, 2021

order denying her request for in forma pauperis designation and

denied the motion because "[o]nly one motion for reconsideration

may be filed by any party. HRAP Rule 40(e)";

(4) In the August 31, 2021 Motion, Shimizu seeks, under

HRAP Rule 27, to suspend proceedings in this appeal and the

operation of the July 12, 2021 order because on August 30, 2021,

Shimizu filed in federal court a complaint against the circuit

court judge in the underlying case, 1CCV-20-0000521, alleging the

circuit court's denial of Shimizu's motion for leave to proceed

on appeal in forma pauperis violated the federal constitution and

the Hague Service Convention, the circuit court's decisions are

preempted by federal law, and it would "be in the best interests

of justice, equity and fair play"; and

(5) If the court denies a motion for leave to proceed

on appeal in forma pauperis and the appellant does not pay the

filing fees within ten days after the denial, then the court may

dismiss the appeal. HRAP Rule 24(c). In addition, 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. 

HRAP Rule 11(b)(2), (c)(2). Here, Shimizu fails to demonstrate

that the Supremacy Clause, U.S. Const. art. VI, cl. 2, requires

this court to suspend her appeal indefinitely while her federal

case is pending, and she cites no other authority for the

requested relief. In addition, Shimizu has not paid the filing

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fees in this case, which, following the July 29, 2021 order, were

due on or before August 9, 2021. See HRAP Rules 24(c) & 26(a).

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed.

IT IS FURTHER ORDERED that the August 31, 2021 Motion

is denied.

IT IS FURTHER ORDERED that all other pending motions

are dismissed.

DATED: Honolulu, Hawai#i, September 3, 2021.

/s/ Keith K. Hiraoka

Presiding Judge

/s/ Clyde J. Wadsworth

Associate Judge

/s/ Alexa D.M. Fujise

Associate Judge

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