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, a self-represented litigant, sought to appeal from a final judgment in the underlying proceedings, as well as from one or more orders of the New Mexico Supreme Court (para 1).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiff-Appellant: Filed a “Response to order denying motion to reconsider and addendum to docketing statement,” and a letter that is in the nature of a memorandum in opposition, suggesting the pendency of his petition for writ of mandamus and a recusal request with the New Mexico Supreme Court may have tolled the deadline for filing notice of appeal with this Court (paras 1, 3).
• Defendant-Appellee: Filed a memorandum in support of the proposed summary disposition (para 1).

Legal Issues

• Whether the notice of appeal was timely filed with respect to the final judgment.
• Whether this Court has authority to review actions of the New Mexico Supreme Court.
• Whether the pendency of a petition for writ of mandamus and a recusal request with the New Mexico Supreme Court tolled the deadline for filing notice of appeal with this Court (paras 2-3).

Disposition

• The appeal is summarily dismissed (para 5).

Reasons

• Per JAMES J. WECHSLER, JUDGE (JONATHAN B. SUTIN, JUDGE, CYNTHIA A. FRY, JUDGE concurring):
  The Court found that the notice of appeal was not timely filed with respect to the final judgment and that it lacks authority to review actions of the New Mexico Supreme Court. The Plaintiff did not directly address the notice of proposed summary disposition in his first responsive filing and instead took issue with the denial of a motion to reconsider by the New Mexico Supreme Court, over which this Court has no authority. In his second responsive filing, the Plaintiff suggested that the pendency of his petition for writ of mandamus and a recusal request with the New Mexico Supreme Court may have tolled the deadline for filing notice of appeal with this Court. However, the Court found no authority to support this suggestion and adhered to its prior assessment. The Court acknowledged the Plaintiff’s belief that the district court erred but noted that this does not alter the jurisdictional limitations implicated in this case. Therefore, the appeal was summarily dismissed for the reasons stated above and in the notice of proposed summary disposition (paras 1-5).