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 complaint against the City of Albuquerque Police Department but failed to amend her complaint to articulate a specific cause of action. She also did not appear at the hearing where her complaint was dismissed with prejudice. The Plaintiff later sought to appeal the dismissal and requested an extension to research her claims and for the appointment of counsel (paras headnotes, paras 1-2).
Procedural History
- District Court, September 25, 2009: The Plaintiff's complaint was dismissed with prejudice due to her failure to amend the complaint and her absence at the hearing.
Parties' Submissions
- Plaintiff-Appellant: Argued for an extension to research her cause of action and requested the appointment of counsel. She did not address the issue of the untimely appeal raised by the Court of Appeals.
- Defendant-Appellee: [Not applicable or not found]
Legal Issues
- Whether the Plaintiff's appeal was filed within the time limits required to invoke the Court of Appeals' jurisdiction.
- Whether the Plaintiff was entitled to an extension to research her claims or the appointment of counsel in a civil case.
Disposition
- The appeal was dismissed as untimely.
Reasons
Per Fry CJ. (Castillo and Kennedy JJ. concurring):
The Court emphasized that the timely filing of a notice of appeal is a mandatory precondition for invoking appellate jurisdiction. The Plaintiff filed her notice of appeal 19 days after the 30-day deadline had expired, and no post-judgment motion or request for an extension was made to justify the delay. The Court found no exceptional circumstances beyond the Plaintiff's control that would warrant entertaining the untimely appeal.
The Court also noted that pro se litigants are held to the same procedural standards as those represented by counsel. Additionally, the Plaintiff's request for the appointment of counsel was denied, as there is no constitutional right to counsel in civil cases.