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

2 STATE OF NEW MEXICO, the DEPARTMENT OF TRANSPORTATION and MARK MADRID, 5 Plaintiffs-Appellees, 6 vs. No. 33,367

7 PAUL KEITH REYES, 8 Defendant-Appellant.

9 APPEAL FROM THE DISTRICT COURT OF SIERRA COUNTY Edmund H. Kase, III, District Judge Gary K. King, Attorney General Santa Fe, NM for Appellee Paul Keith Reyes, Pro Se Albuquerque, NM for Appellant 17 MEMORANDUM OPINION HANISEE, Judge.

2 {1} Summary dismissal was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary dismissal has been filed and the time for doing so has expired.

5 {2} DISMISSED.

6 {3} IT IS SO ORDERED.

7 _______________________________ 8 J. MILES HANISEE, Judge

9 WE CONCUR:

10 _________________________________ CYNTHIA A. FRY, Judge

12 _________________________________ TIMOTHY L. GARCIA, Judge