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

• A self-represented inmate filed a motion for rehearing in the district court, which was denied. The inmate sought to appeal this decision but filed the notice of appeal and docketing statement late, leading to a proposed dismissal of the appeal for being untimely.

Procedural History

• District Court of Guadalupe County, May 13, 2014: Denied the plaintiff's motion for rehearing.

Parties' Submissions

• Plaintiff-Appellant: Argued that the practice of serving a lower tribunal with a notice of appeal is not common and unique to New Mexico, and upon learning of the deficiency in notice, immediately sought to rectify the situation (paras 1-2).
• Defendant-Appellees: Conceded that they led the district court into error by filing an affidavit incorrectly stating that the plaintiff failed to submit a department-level appeal for his current grievance before filing his complaint in district court (para 3).

Legal Issues

• Whether the plaintiff's late filing of the notice of appeal and docketing statement can be excused to allow the appeal to proceed.
• Whether the defendants' concession regarding the incorrect affidavit affects the plaintiff's ability to seek relief.

Disposition

• The appeal was dismissed for being untimely filed.

Reasons

• The Court, consisting of Judges Linda M. Vanzi, Michael D. Bustamante, and Cynthia A. Fry, unanimously decided to dismiss the appeal due to the untimely filing of the notice of appeal by the plaintiff. The plaintiff's misunderstanding of the procedural requirements for filing an appeal in New Mexico and the subsequent attempt to rectify the situation upon notification by the Court were noted. However, the timely filing of the notice of appeal in the proper tribunal was emphasized as a mandatory precondition for the Court's jurisdiction to hear an appeal. Despite the dismissal, the Court acknowledged the defendants' concession regarding the misleading affidavit and encouraged the plaintiff to seek relief from the district court through a Rule 1-060(B) NMRA motion based on this concession and additional evidence presented by the plaintiff (paras 1-4).