February 5, 2019- Gary Ray Corse v. Megan Bailey, No. A-1-CA-37534

1 	IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 	GARY RAY CORSE,
3 	Plaintiff-Appellant,
4 V . 	NO. A-1-CA-37534
5 MEGAN BAILEY,
6 	Defendant-Appellee.
7 	APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
8 Carl J. Butkus, District Judge
9 Gary Ray Corse
10 	Albuquerque, NM
11 	Pro Se Appellant
12 Megan Bailey
13 	Philadelphia, PA
14 Pro Se Appellee
15
16 	V ANZI, Judge.
MEMORANDUM OPINION
17 	{1} 	Plaintiff, who is self-represented, appeals from a district court order dismissing
18 	his on-the-record appeal from metropolitan court on the ground that he failed to file
19 	a statement of issues. We issued a calendar notice proposing to affirm. Plaintiff has
20 responded with a memorandum in opposition. Not persuaded, we affirm.
Court of Appeals of New Mexico
Filed 2/5/2019 10:13 AM
Mark Reynolds

1 {2} 	Our calendar notice proposed to hold that, because Plaintiff failed to file any
2 issues in the district court, he has abandoned issues that could have been raised in this
3 Court. See State v. Vigil, 2014-NMCA-096, ,r 18 , 336 P.3d 380. Plaintiff argues that
4 he was prevented by the district court from filing things below. This assertion is not
5 supported by the record, at least with respect to the filing of a statement of issues. To
6 the contrary, the district court extended the time for filing the statement ofissues and
7 instructed Plaintiff that the appeal would be dismissed unless he met the new
8 deadline. [RP 182-83] To the extent that Plaintiff believed that court staff was
9 preventing him from making the requisite filing, he had an obligation to create a
10 	record on the matter. See Dillardv. Dillard, 1986-NMCA-088, ,r,r 6-7, 104 N.M. 763,
11 	727 P.2d 71 (observing that it is the duty of the appellant to provide a record adequate
12 	to review the issues on appeal). Because he did not do so, we affirm.
13 	{3}
14
15
IT IS SO ORDERED.
16 	WE CONCUR:
17 	~ 4~18 JUEiVARGAS,dge
19 	t 	/- ~20 	KRISINA BOGAlJS~Jud
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