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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-42644 MATTHEW LEE PHILLIPS, Plaintiff-Appellant, v. TENTH JUDICIAL DISTRICT ATTORNEY’S OFFICE, TIMOTHY ROSE, AND LORENZO EMILIO, Defendants-Appellees.

APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Casey B. Fitch, District Court Judge Mathew Lee Phillips Las Cruces, NM Pro Se Appellant Raul A. Carillo, Jr. Las Cruces, NM for Appellees MEMORANDUM OPINION YOHALEM, Judge. {1} Summary affirmance was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary affirmance has been filed and the time for doing so has expired. AFFIRMED. {2} IT IS SO ORDERED.

JANE B. YOHALEM, Judge WE CONCUR: J. MILES HANISEE, Judge JENNIFER L. ATTREP, Judge