Court of Appeals of New Mexico

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A-1-CA-42086

MIGUEL REYES JIMENEZ,

Plaintiff-Appellant,

v.

DAVID MOISES UMANA GONZALEZ

and JOHN DOES 1-5 WHOSE TRUE

NAMES ARE UNKNOWN,

Defendants-Appellees.

APPEAL FROM THE DISTRICT COURT OF CIBOLA COUNTY
Amanda Sanchez Villalobos, District Court Judge

Miguel Reyes Jimenez

San Diego, CA

Pro Se Appellant

Butt Thornton & Baehr PC

Astrid Carrete

Ryan T. Sanders

Albuquerque, NM

for Appellees

MEMORANDUM OPINION

HANISEE, Judge.

{1}       Plaintiff Miguel Reyes Jimenez appeals from the district court’s order dismissing his case on the grounds that his claims were statutorily barred. [RP 32-33] This Court issued a notice of proposed disposition, proposing to summarily reverse, having reviewed Plaintiff’s arguments in the docketing statement. In response, Plaintiff filed a memorandum in support of our proposed summary disposition. However, Defendants have not filed a memorandum in opposition to our proposed disposition, and the time for doing so has expired.

{2}       Plaintiff’s memorandum in support continues to raise other issues which, as we noted in our calendar notice, the district court did not rule upon in light of its dismissal on statute of limitations grounds. [CN 4] Thus, as we stated in our calendar notice, this Court will not address those issues for the first time on appeal. [CN 4] To the extent Plaintiff asks this Court to award him a default judgment, this Court does not have the authority to do so. [MIS 1-2] To the extent that Plaintiff asks for sanctions on Defendants, nothing in this opinion precludes Plaintiff from requesting those from the district court in future proceedings. [MIS 2]

{3}       Accordingly, we rely on the reasoning contained in our notice of proposed disposition and reverse the district court.

{4}       IT IS SO ORDERED.

J. MILES HANISEE, Judge

WE CONCUR:

JANE B. YOHALEM, Judge

KATHERINE A. WRAY, Judge