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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 RUDY TORRES,
3 Plaintiff-Appellant,
4 v. NO. 35,587
5 OFFICER VERONICA GOMEZ, OFFICER
6 JOHN DOE I and OFFICER JOHN DOE II,
7 individually and in their official capacities as
8 officers of the Lovington Police Department,
9 DAVID RODRIGUEZ, in his official
10 capacity as the Chief of Police of the Lovington
11 Police Department, PADDY DOWNEY, as the
12 Administrator of the Lea County Detention Center,
13 and the as yet unknown agents and employees of the
14 LEA COUNTY DETENTION CENTER,
15 Defendants-Appellees.
16 APPEAL FROM THE DISTRICT COURT OF LEA COUNTY
17 William G. Shoobridge, District Judge
18 The Sawyers Law Group
19 James W. Klipstine, Jr.
20 Hobbs, NM
21 for Appellant
22 Childress Law Firm
1 Ronald J. Childress
2 Albuquerque, NM
3 for Appellees Paddy Downey and the Lea County Detention Center
4 Potts & Associates
5 Amy L. Glasser
6 Albuquerque, NM
7 for Appellees Veronica Gomez, David Rodriguez, and the City of Lovington
8 Police Department
9 MEMORANDUM OPINION
10 WECHSLER, Judge.
11 {1} Plaintiff filed suit against Defendants in district court, but judgment as a matter
12 of law was entered against him following presentation of his case. The district court’s
13 order was entered on January 27, 2016. Plaintiff then filed a notice of appeal in district
14 court on February 23, 2016, but he did not cause a copy of the notice of appeal to be
15 filed in this Court. In addition, Plaintiff requested an extension of time in which to file
16 a docketing statement from the district court, rather than this Court, despite the fact
17 that, unlike the situation with a notice of appeal, the district court has no authority to
18 grant an extension of time for filing a docketing statement in this Court. In any event,
19 no docketing statement has yet been filed in either this Court or the district court.
20 Defendants have now filed a motion to dismiss Plaintiff’s appeal for failure to comply
21 with the rules of appellate procedure, and the deadline for filing a response to that
2
1 motion has passed. We therefore grant Defendants’ motion to dismiss and dismiss this
2 appeal due to Plaintiff’s failure to perfect the appeal by complying with Rules 12-
3 202(E) and 12-208(B) NMRA.
4 {2} IT IS SO ORDERED.
5 ________________________________
6 JAMES J. WECHSLER, Judge
7 WE CONCUR:
8 ________________________________
9 LINDA M. VANZI, Judge
10 ________________________________
11 TIMOTHY L. GARCIA, Judge
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