West v. Bernalillo Cnty. Bd. of Comm'rs (Unpublished Opinion)
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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 Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions.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 computergenerated 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
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