This memorandum opinion was not selected for pub lication in the New Mexico Reports. Please 1 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 2 Please also note that this electronic memorandum opinion may contain computer-generated 3 errors or other deviations from the official paper version filed by the Court of Appeals and does 4 not include the filing date. 5 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 6 LEE STONE, 7 Plaintiff-Appellant, 8 v. No. 30,426 9 COUNTY OF QUAY, QUAY 10 COUNTY ROAD DEPARTMENT, QUAY 11 COUNTY COMMISSIONER FRANKLIN 12 MCCAUSLAND, QUAY COUNTY MANAGER 13 RICHARD PRIMROSE, AND QUAY COUNTY 14 ROAD SUPERINTENDENT, LARRY MOORE, 15 Defendants-Appellees. 16 APPEAL FROM THE DISTRICT COURT OF QUAY COUNTY 17 Albert Mitchell, District Judge 18 Lee Stone 19 San Jon, NM 20 Pro Se Appellant 21 Slease & Martinez, P.A. 22 William D. Slease 23 Jonlyn M. Martinez 24 Albuquerque, NM 25 for Appellees 26 MEMORANDUM OPINION 272 SUTIN, Judge. 1 Plaintiff appeals the summary judgment order entered in favor of Defendants. 2 We proposed to affirm in a calendar notice, and we have received both a 3 memorandum in support and a memorandum in opposition from the parties. We have 4 duly considered the arguments of the parties, but we are not persuaded that affirmance 5 is not the correct disposition in th is case. We therefore affirm. 6 Plaintiff continues to claim that the district court judge was biased, not 7 impartial, and ruled unjustly. In our calendar notice, we explained that we will not 8 search a record to find support for a litigant’s claims. In response, Plaintiff 9 supplements his docketing statement with references to documents in the record 10 proper that he claims support his arguments. [MIO 6-8] Ten of the twelve references 11 are to pleadings prepared and filed by Plaintiff. [Id.] A party opposing summary 12 judgment may not simply argue that evidentiary facts requiring a trial on the merits 13 may exist, “nor may [a party] rest upon the allegations of the complaint.” Dow v. 14 Chilili Coop. Ass’n , 105 N.M. 52, 54-55, 728 P.2d 462, 464-65 (1986). “[T]he briefs 15 and arguments of counsel are not evidence upon which a trial court can rely in a 16 summary judgment proceeding.” V.P. Clarence Co. v. Colgate , 115 N.M. 471, 472, 17 853 P.2d 722, 723 (1993). Instead, for purposes of summary judgment, the 18 non-movant may not rest on the pleadings, but must demonstrate genuine issues of 193 material fact by way of sworn affidav its, depositions, and similar evidence. Dow , 105 1 N.M. at 54-55, 728 P.2d at 464-65. We therefore reject Plaintiff’s contention that his 2 pleadings support reversal in this case. 3 The remaining two documents are orders entered by the district court. [RP 84, 4 486] The first is an order taking Defendants’ motion to dismiss under advisement and 5 allowing Plaintiff thirty days to amend hi s complaint to state a cognizable cause of 6 action. [RP 84] The order provides that if an amended complaint is not filed by 7 Plaintiff, then Defendants’ motion to dismi ss will be granted. [Id.] Plaintiff claims 8 that this demonstrates that the district court believed there were genuine issues of 9 material fact remaining in the case. [M IO 6] The second order denies Plaintiff’s 10 motion for reconsideration and grants Defendants’ motion for attorney fees and costs. 11 [RP 485-86] Plaintiff claims that Defendants requested $15,711.70 in fees and costs, 12 but were awarded only $10,711.70. [MIO 8] Plaintiff argues that the difference of 13 $5000 was a deduction made by the district court for the unlawful acts by Defendants. 14 [Id.] We reject these claims as well. 15 The order allowing Plaintiff more time to file a complaint that stated a 16 cognizable cause of action does not, in any way, indicate that the district court 17 believed that Plaintiff’s complaints against Defendants were valid. In fact, the district 18 court made an explicit finding that Plainti ff continued to pursue his action “despite it 194 being clear that it lacked merit.” [RP 486] In addition, an award of attorney fees and 1 costs that is less than that requested cannot support Plaintiff’s argument that genuine 2 issues of material fact remain ed to be decided inthe case, particularly in light of the 3 finding by the district court that Plaintiff’s claims had no merit. 4 For the reasons discussed in this opini on and those discussed in our calendar 5 notice, we affirm the order granting summary judgment in favor of Defendants. 6 IT IS SO ORDERED. 7

__________________________________ 8 JONATHAN B. SUTIN, Judge 9 WE CONCUR: 10

_________________________________ 11 CELIA FOY CASTILLO, Judge 12

_________________________________ 13 MICHAEL E. VIGIL, Judge 14