This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- Jose L. Padilla, the Plaintiff, appealed against the City of Albuquerque and Marcos Holloway, the Defendants, following the district court's decision to grant summary judgment in favor of the Defendants. The appeal process included a proposal for summary affirmance, extensions for filing opposition, and a withdrawal of Plaintiff's counsel, with the Plaintiff ultimately failing to file a memorandum in opposition.
Procedural History
- District Court of Bernalillo County, Valerie Mackie Huling, District Judge: Granted summary judgment in favor of Defendants.
Parties' Submissions
- Plaintiff: [Not applicable or not found]
- Defendants: [Not applicable or not found]
Legal Issues
- (N/A)
Disposition
- The Court of Appeals affirmed the district court's grant of summary judgment in favor of the Defendants.
Reasons
-
Cynthia A. Fry, Judge, along with Roderick T. Kennedy, Chief Judge, and Michael E. Vigil, Judge, concurred in the decision. The Court issued a notice proposing to summarily affirm the district court's decision. Despite being granted extensions, Plaintiff's counsel withdrew, and the Plaintiff failed to file a memorandum in opposition to the notice of summary affirmance. The Court cited failure to file a memorandum in opposition as acceptance of the proposed disposition, leading to the affirmation of the district court's decision (para 1).
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