Court of Appeals of New Mexico

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LEA COUNTY CORRECTIONAL FACILITY, Plaintiff-Appellee,
v.
DEVIN JASPERSE, Defendant-Appellant.

Docket No. 29,552

COURT OF APPEALS OF NEW MEXICO

August 28, 2009

APPEAL FROM THE LEA COUNTY CORRECTIONAL FACILITY ADMINISTRATIVE DECISION

COUNSEL

Lt. B. Buckelew, Hearing Officer, Devin Jasperse, Hobbs, NM, Pro Se Appellant.

Lea County Correctional Facility, Hobbs, NM, for Appellee.

JUDGES

MICHAEL E. VIGIL, Judge. WE CONCUR: MICHAEL D. BUSTAMANTE, Judge, JONATHAN B. SUTIN, Judge

AUTHOR: MICHAEL E. VIGIL

MEMORANDUM OPINION

VIGIL, Judge.

            Defendant, an inmate in the Lea County jail, attempts to appeal, pro se, the Warden’s final decision that he was guilty of a drug offense, and his placement in administrative segregation. [Informal Docketing Statement, Ct. App. file--blue clip] He has attempted to appeal directly to our Court. Our notice proposed to dismiss this appeal, reasoning that we are without jurisdiction because the required avenue from such a Warden’s decision is an appeal or habeas petition to district court. Defendant has not responded to our notice and the time for doing so is long past.

            Accordingly, we dismiss this appeal.

            IT IS SO ORDERED.

MICHAEL E. VIGIL, Judge

WE CONCUR:

MICHAEL D. BUSTAMANTE, Judge

JONATHAN B. SUTIN, Judge