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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO MICHAEL NAJIBI, 3 Worker-Appellant, v. No. 36,208 HALLIBURTON ENERGY SERVICE, and ACE AMERICAN INSURANCE CO., 7 Employer/Insurer-Appellees.

8 APPEAL FROM THE WORKERS’ COMPENSATION ADMINISTRATION David Skinner, Workers’ Compensation Judge Michael Najibi Las Cruces, NM Pro se Appellant Butt, Thornton & Baeher PC M. Scott Owen Albuquerque, NM for Appellees 17 MEMORANDUM OPINION GARCIA, Judge.

19 {1} Worker-Appellant Michael Najibi (“Worker”) appeals from the workers’ compensation judge’s (“WCJ”) amended compensation order dismissing his complaint with prejudice. We previously issued a notice of proposed summary disposition in which we proposed to dismiss. Worker has filed a memorandum in opposition. After due consideration, we remain unpersuaded.

5 {2} As we previously observed, the filing of a timely notice of appeal is a mandatory precondition to this Court’s jurisdiction. In re Yalkut, 2008-NMSC-009, ¶ 24, 143 N.M. 387, 176 P.3d 1119 (per curiam). In this case, Worker filed his notice of appeal nearly three months late. We therefore proposed to dismiss. See, e.g., Chavez v. U-Haul Co. of N.M., 1997-NMSC-051, ¶¶ 19-22, 124 N.M. 165, 947 P.2d 10 122 (declining to hear an appeal filed thirty days late).

11 {3} In his memorandum in opposition Worker offers neither any basis for extending the filing deadline, nor any justification for the delay. [MIO 1-4] Instead, we understand Worker to invite the Court to consider the merits of the appeal notwithstanding the untimely filing. [Id.] We decline.

15 {4} Accordingly, for the reasons stated above and in the notice of proposed summary disposition, we dismiss.

17 {5} IT IS SO ORDERED.

18 ________________________________ 19 TIMOTHY L. GARCIA, Judge

1 WE CONCUR:

2 _______________________________ MICHAEL E. VIGIL, Judge

4 _______________________________ HENRY M. BOHNHOFF, Judge