This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computer- generated errors or other deviations from the official version filed by the Court of Appeals.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-38599 RITA WEST, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT NELSON WEST, Plaintiff-Appellant, v. BERNALILLO COUNTY BOARD OF COMMISSIONERS, FIRE AND RESCUE DEPARTMENT #43, and BERNALILLO COUNTY FIRE AND RESCUE DEPARTMENT #46, Defendants-Appellees.

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Clay Campbell, District Judge Rita West Edgewood, NM Pro Se Appellant Kennedy, Moulton & Wells, P.C.

Deborah Denise Crow Wells Albuquerque, NM for Appellees MEMORANDUM OPINION VARGAS, Judge. {1} Plaintiff appeals following the dismissal of her complaint. We previously issued a notice of proposed summary disposition, in which we proposed to affirm. Plaintiff has filed a memorandum in opposition. After due consideration, we remain unpersuaded.

We therefore uphold the disposition rendered below. {2} The background information and relevant principles of law have previously been set forth. We will avoid undue reiteration here, and focus instead on the content of the memorandum in opposition. {3} Plaintiff continues to advance a variety of questions of fact relating to the circumstances surrounding her husband’s death. [Unnumbered MIO 1-4] However, the issue presented both at the district court level and on appeal is whether Plaintiff’s complaint was sufficient, as a matter of law, to state a claim. For the reasons described in the notice of proposed summary disposition, it was not. [CN 2-5] We find nothing in the memorandum in opposition which would support a different result. We therefore conclude that the complaint was properly dismissed. {4} Accordingly, for the reasons stated in our notice of proposed summary disposition and above, we affirm. {5} IT IS SO ORDERED.

JULIE J. VARGAS, Judge WE CONCUR: JENNIFER L. ATTREP, Judge BRIANA H. ZAMORA, Judge