Opinion
A-1-CA-41825
10-21-2024
DAVID DERRINGER, Plaintiff-Appellant, v. BENJAMIN BENAVIDEZ, JR., JUSTIN GRAY, MANUEL MONTE, and GEORGE MENDOZA, Defendants-Appellees.
David Derringer Albuquerque, NM Pro Se Appellant The D'Amato Law Firm, P.C. John J. D'Amato, Jr. Albuquerque, NM for Appellee Benavidez, Jr.
Corrections to this opinion/decision not affecting the outcome, at the Court's discretion, can occur up to the time of publication with NM Compilation Commission. The Court will ensure that the electronic version of this opinion/decision is updated accordingly in Odyssey.
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Beatrice J. Brickhouse, District Court Judge
David Derringer
Albuquerque, NM
Pro Se Appellant
The D'Amato Law Firm, P.C.
John J. D'Amato, Jr.
Albuquerque, NM
for Appellee Benavidez, Jr.
MEMORANDUM OPINION
JENNIFER L. ATTREP, Chief Judge
{¶1} Plaintiff appeals from the district court's order dismissing his complaint. [RP 68] We entered a notice of proposed disposition, proposing to affirm. Plaintiff filed a memorandum in opposition to that notice, which we have duly considered. Unpersuaded, we affirm.
{¶2} In his memorandum, Plaintiff does not address any of our proposed conclusions and does not respond in any way to the rationale proposed for affirmance. See State v. Mondragon, 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003 (stating that "[a] party responding to a summary calendar notice must come forward and specifically point out errors of law and fact," and the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374. Consequently, we are unpersuaded that the calendar notice was in error. To the extent Plaintiff is attempting to move for sanctions in his memorandum in opposition [MIO 24-30], such a request was not made to the district court and thus is not properly before this Court. See Campos Enters. v. Edwin K. Williams & Co., 1998-NMCA-131, ¶ 12, 125 N.M. 691, 964 P.2d 855.
{¶3} Additionally, Plaintiffs memorandum in opposition is replete with baseless and vituperative accusations about this Court and the New Mexico judiciary in general. Such accusations will not be considered by this Court. Including these types of accusations in future pleadings may result in this Court not considering or rejecting Plaintiffs pleadings altogether.
{¶4} For the reasons stated in our notice of proposed disposition, we affirm.
{¶5} IT IS SO ORDERED.
WE CONCUR: JANE B. YOHALEM, Judge, GERALD E. BACA, Judge