AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Plaintiff filed a lawsuit against various Defendants, including police officers and officials associated with the Lovington Police Department and the Lea County Detention Center, in district court. The case was dismissed against him following the presentation of his case, leading to an appeal. (para 1)

Procedural History

• District Court of Lea County, January 27, 2016: Judgment as a matter of law entered against the Plaintiff. (para 1)

Parties' Submissions

• Plaintiff: Filed suit against Defendants in district court and later filed a notice of appeal. However, failed to comply with appellate procedure rules, including not filing a copy of the notice of appeal in the Court of Appeals and not submitting a docketing statement. (para 1)
• Defendants: Filed a motion to dismiss the Plaintiff's appeal due to failure to comply with the rules of appellate procedure. (para 1)

Legal Issues

• Whether the Plaintiff's appeal should be dismissed for failure to comply with the rules of appellate procedure, specifically Rules 12-202(E) and 12-208(B) NMRA. (para 1)

Disposition

• The Court of Appeals granted Defendants' motion to dismiss the Plaintiff's appeal due to non-compliance with appellate procedure rules. (para 1)

Reasons

• Per Wechsler J. (Vanzi and Garcia JJ. concurring): The Court dismissed the appeal based on the Plaintiff's failure to perfect the appeal by not adhering to the procedural requirements set forth in Rules 12-202(E) and 12-208(B) NMRA. The Plaintiff did not file a copy of the notice of appeal in the Court of Appeals and failed to submit a docketing statement within the prescribed timeframe, despite having requested an extension of time from the district court, which lacks the authority to grant such an extension for filings in the Court of Appeals. (para 1)