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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO JOHNATHAN D. WISHNESKI, 3 Plaintiff-Appellant, v. No. 32,371 MAXINE MONTOYA TONY SANDERS, LIEUTENANT DOMINGUEZ, and GERMAN FRANCO, 9 Defendants-Appellees.

10 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY Raymond Z. Ortiz, District Judge Johnathan D. Wishneski Santa Fe, NM Pro Se Appellant NM Department of Corrections Diana J. Harris Santa Fe, NM for Appellee Maxine Montoya 19 MEMORANDUM OPINION FRY, Judge.

1 Plaintiff has filed a motion to adopt this Court’s proposed summary disposition.

2 Defendants have not responded to the calendar notice and the time for requesting an extension of time or responding to the notice has expired. For the reasons set forth in the calendar notice, we reverse the district court’s order of dismissal and remand for trial on the merits.

6 IT IS SO ORDERED.

8 CYNTHIA A. FRY, Judge WE CONCUR:

11 JAMES J. WECHSLER, Judge

13 LINDA M. VANZI, Judge