1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.

3 Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.

6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

7 ROBERT E. GREGORY, 8 Plaintiff-Appellant, v. No. 29,318 TERESA MARR, 11 Defendant-Appellee.

12 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Jerald A. Valentine, District Judge

14 Robert E. Gregory El Paso, TX Pro Se Appellant Madison, Harbour & Mroz, P.A.

18 Michael H. Harbour Sean P. McAfee Albuquerque, NM for Appellee

22 MEMORANDUM OPINION VIGIL, Judge.

2 Plaintiff appeals the order granting summary judgment in favor of Defendant.

3 We proposed to affirm in a calendar notice. We have received a memorandum in support from Appellee. Appellant has not filed any opposition to our proposed calendar notice, and the time for doing so has passed. “Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.” Frick v. Veazey, 116 N.M. 246, 247, 861 P.2d 287, 288 (Ct. App. 1993).

8 Therefore, for the reasons discussed in our calendar notice, we affirm the decision of the district court.

10 IT IS SO ORDERED.

11 ________________________________ 12 MICHAEL E. VIGIL, Judge WE CONCUR:

14 __________________________________ JONATHAN B. SUTIN, Judge

16 __________________________________ LINDA M. VANZI, Judge