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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO DANIEL J. VILLA, 3 Petitioner-Appellant, v. NO. 33,880 NANCY MOLINA, 6 Respondent-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF LUNA COUNTY Daniel Viramontes, District Judge DeLaney & Hernandez, LLC Amy C. DeLaney-Hernandez Deming, NM for Appellant Couture Law Rosalie Fragoso Albuquerque, NM for Appellee 17 MEMORANDUM OPINION VANZI, Judge.

1 {1} Petitioner appeals from a district court order dismissing his petition for custody of his minor child. We issued a calendar notice proposing to affirm. Respondent filed a memorandum in support; Petitioner has not filed a memorandum in opposition, and the time for doing so has expired. See Rule 12-210(D)(3) NMRA. Accordingly, we affirm the district court. See Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287 (“Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.”).

8 {2} AFFIRMED.

9 {3} IT IS SO ORDERED.

10 __________________________________ 11 LINDA M. VANZI, Judge WE CONCUR:

13 _________________________________ JAMES J. WECHSLER, Judge

15 _________________________________ J. MILES HANISEE, Judge