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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-40206 JAMES ROUNDTREE, Plaintiff-Appellant, v. MARIA MEZTA and GEICO INSURANCE COMPANY, Defendants-Appellees.

APPEAL FROM THE DISTRICT COURT OF LEA COUNTY Lee A. Kirksey, District Judge Law Offices of Ross Bettis Ross R. Bettis Hobbs, NM for Appellant Law Office of J. Douglas Compton Pablo A. Seifert Albuquerque, NM for Appellees MEMORANDUM OPINION MEDINA, Judge. {1} Plaintiff appeals from the district court’s order granting summary judgment in favor of Defendants. Unpersuaded that Plaintiff’s docketing statement demonstrated error, we proposed to summarily affirm in a calendar notice. Defendants filed a memorandum in support of our proposed summary disposition. Plaintiff, however, has not responded to our proposed disposition, and the time for doing so has passed.

“Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.” Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287. Thus, for the reasons provided in our calendar notice, we affirm the district court’s order granting summary judgment. {2} IT IS SO ORDERED.

JACQUELINE R. MEDINA, Judge WE CONCUR: J. MILES HANISEE, Chief Judge JENNIFER L. ATTREP, Judge