ORRS v. RODRIGUEZ

No. 929.

503 P.2d 335 (1972)

84 N.M. 355

Glenn Alfred ORRS, Jr., Plaintiff-Appellant, v. Felix RODRIGUEZ et al., Defendants-Appellees.

Court of Appeals of New Mexico.

October 27, 1972.


Attorney(s) appearing for the Case

Peter B. Shoenfeld, Santa Fe, for plaintiff-appellant.

David L. Norvell, Atty. Gen., Thomas A. Donnelly, Spec. Asst. Atty. Gen., Santa Fe, for defendants-appellees.


OPINION

WOOD, Chief Judge.

Orrs, a penitentiary inmate, filed a petition in district court seeking two types of relief. Alleging several items of mistreatment, he sought relief in the nature of mandamus. He also sought damages for three alleged torts. After allowing free process, the trial court, sua sponte, dismissed the petition on the basis that it failed to state a claim upon which relief could be granted. Orrs' appeal asserts the trial court erred in...

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