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, Roylene Whatley, filed a complaint against Corizon Medicare D.O.C, Dr. Shannon, and Dr. Albert, which was dismissed by the district court through a summary judgment order. The Plaintiff then appealed this dismissal. (para 1)

Procedural History

• District Court of Bernalillo County, November 12, 2014: Order granting Defendants' motion for summary judgment and dismissing Plaintiff's complaint with prejudice.

Parties' Submissions

• Plaintiff-Appellant: Contended that the summary judgment entered by the district court was a final order and that his notice of appeal transferred full jurisdiction over to the Court of Appeals. (para 2)
• Defendants-Appellees: [Not applicable or not found]

Legal Issues

• Whether the summary judgment entered by the district court constituted a final order eligible for appeal.

Disposition

• The appeal was dismissed for lack of a final order. (para 5)

Reasons

• VIGIL, Chief Judge, with BUSTAMANTE, Judge, and HANISEE, Judge concurring: The Court found that the Plaintiff's appeal was premature because the Plaintiff had filed a timely motion to alter or amend and a timely motion for relief from judgment, which meant the district court had not been divested of its jurisdiction. The district court's denial of Plaintiff's motions was based on a mistaken belief that it lacked jurisdiction, not on the merits of the motions. Therefore, the proceedings were deemed non-final, and the appeal was dismissed as premature. The Court also noted that the Plaintiff would not be denied his constitutional right to appeal, as he could appeal once a final order was entered by the district court. (paras 2-5)