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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO VERNARD MILES, 3 Plaintiff-Appellant, v. No. 35,041 GREGG MARCANTEL and GERMAN FRANCO, 7 Defendants-Appellees.

8 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY David K. Thomson, District Judge Vernard Miles Las Cruces, NM Pro se Appellant Nancy L. Vincent Springfield, IL for Appellee 16 MEMORANDUM OPINION BUSTAMANTE, Judge.

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

4 {2} Affirmed.

5 {3} IT IS SO ORDERED.

7 _______________________________________ 8 MICHAEL D. BUSTAMANTE, Judge WE CONCUR:

11 RODERICK T. KENNEDY, Judge

13 STEPHEN G. FRENCH, Judge