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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO FRANK DOMBOS, 3 Plaintiff-Appellant, v. No. 33,703 ROBERT STEWART, 6 Defendant-Appellee, APPEAL FROM THE DISTRICT COURT OF CIBOLA COUNTY Camille Martinez Olguin, District Judge Frank J. Dombos Santa Fe, NM Pro Se Appellant NM Department of Corrections Kathleen O. Ayala Santa Fe, NM for Appellee 16 MEMORANDUM OPINION FRY, Judge.

18 {1} Plaintiff appealed the grant of summary judgment in Defendant’s favor, as well as the district court’s refusal to grant Plaintiff’s motion for default judgment. We issued a notice of proposed disposition proposing to affirm in part and reverse in part, and neither party has filed a memorandum opposing that proposed disposition.

2 Therefore, for the reasons stated in the notice, we affirm the district court’s judgment in part and reverse it in part.

4 {2} IT IS SO ORDERED.

6 CYNTHIA A. FRY, Judge WE CONCUR:

9 TIMOTHY L. GARCIA, Judge

11 LINDA M. VANZI, Judge