Wishneski v. Sanders

Annotate this Case

Download PDF

This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 JOHNATHAN D. WISHNESKI, 3 Plaintiff-Appellant, 4 v. 5 6 7 8 9 No. 32,371 MAXINE MONTOYA TONY SANDERS, LIEUTENANT DOMINGUEZ, and GERMAN FRANCO, Defendants-Appellees. 10 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY 11 Raymond Z. Ortiz, District Judge 12 Johnathan D. Wishneski 13 Santa Fe, NM 14 Pro Se Appellant 15 NM Department of Corrections 16 Diana J. Harris 17 Santa Fe, NM 18 for Appellee Maxine Montoya 19 20 FRY, Judge. MEMORANDUM OPINION 1 Plaintiff has filed a motion to adopt this Court s proposed summary disposition. 2 Defendants have not responded to the calendar notice and the time for requesting an 3 extension of time or responding to the notice has expired. For the reasons set forth in 4 the calendar notice, we reverse the district court s order of dismissal and remand for 5 trial on the merits. 6 IT IS SO ORDERED. 7 8 CYNTHIA A. FRY, Judge 9 WE CONCUR: 10 11 JAMES J. WECHSLER, Judge 12 13 LINDA M. VANZI, Judge 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.