Opinion
NO. 31,746
04-24-2012
BRYAN JAMES STEINMETZ, Plaintiff-Appellant, v. STATE OF NEW MEXICO PUBLIC DEFENDERS OFFICE; and HUGH DANGLER, in his official capacity as Chief Public Defender, and individually; and T. DAVID EISENBERG, in his official capacity as Chief Public Defender, and individually; and RALPH ODENWALD, in his official capacity as Chief Public Defender, and individually; and TROY W. PRICHARD, in his official capacity as Chief Public Defender, and individually; and MICHAEL L. ROSENFIELD, in his official capacity as Chief Public Defender, and individually, Defendants-Appellees.
Bryan James Steinmetz Albuquerque, NM Pro Se Appellant Miller Stratvert PA Paula G. Maynes Luke A. Salganek Santa Fe, NM for Appellees
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APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
Nan G. Nash, District Judge
Bryan James Steinmetz
Albuquerque, NM
Pro Se Appellant
Miller Stratvert PA
Paula G. Maynes
Luke A. Salganek
Santa Fe, NM
for Appellees
MEMORANDUM OPINION
VIGIL, Judge.
Plaintiff is appealing, pro se, from a district court order granting Defendants' motion to dismiss Plaintiff's complaint. We issued a calendar notice proposing to affirm. Plaintiff has filed a memorandum in opposition. We affirm.
On appeal, Plaintiff has challenged Defendants' compliance with certain time requirements, most notably the time to file an answer to the complaint. [DS 15] However, as our calendar notice indicated, Defendants had removed the case to federal court, and had filed an answer in that forum. [RP 138] See State ex rel. Vill. of Los Ranchos de Albuquerque v. City of Albuquerque, 119 N.M. 169, 172, 889 P.2d 204, 207 (Ct. App. 1993) (stating that "[i]t is generally recognized that pleadings filed in federal court, while the federal court has jurisdiction, become part of the state court record on remand"). To the extent that the state district court overlooked any late filings while the action was in state court, either before or after removal, we believe that the district court did not err, because Defendants were immune from suit. See NMSA 1978, § 31-16-10 (1968) (providing that "[n]o attorney assigned or contracted with to perform services under the Indigent Defense Act [31-16-1 NMSA 1978] shall be held liable in any civil action respecting his performance or nonperformance of such services"). As such, Defendants were not even required to file an answer, and appropriately had the case dismissed on Defendants' Rule 1-012(B)(6) NMRA motions. Accordingly, we affirm.
IT IS SO ORDERED.
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MICHAEL E. VIGIL , Judge
WE CONCUR:
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LINDA M. VANZI, Judge
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J. MILES HANISEE, Judge