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TORRES v. GOMEZ, 35 (2016)

Court: Court of Appeals of New Mexico Number: innmco20160715460 Visitors: 9
Filed: Jun. 14, 2016
Latest Update: Jun. 14, 2016
Summary: This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION JAMES J. WECHSLER , Judge . {1} Plaintiff filed suit against Defend
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This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.

MEMORANDUM OPINION

{1} Plaintiff filed suit against Defendants in district court, but judgment as a matter of law was entered against him following presentation of his case. The district court's order was entered on January 27, 2016. Plaintiff then filed a notice of appeal in district court on February 23, 2016, but he did not cause a copy of the notice of appeal to be filed in this Court. In addition, Plaintiff requested an extension of time in which to file a docketing statement from the district court, rather than this Court, despite the fact that, unlike the situation with a notice of appeal, the district court has no authority to grant an extension of time for filing a docketing statement in this Court. In any event, no docketing statement has yet been filed in either this Court or the district court. Defendants have now filed a motion to dismiss Plaintiff's appeal for failure to comply with the rules of appellate procedure, and the deadline for filing a response to that motion has passed. We therefore grant Defendants' motion to dismiss and dismiss this appeal due to Plaintiff's failure to perfect the appeal by complying with Rules 12-202(E) and 12-208(B) NMRA.

{2} IT IS SO ORDERED.

LINDA M. VANZI, Judge and TIMOTHY L. GARCIA, Judge, concurs.

Source:  Leagle

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