Steinmetz v. Public Defender

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