Patten v. United States of America

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
LISA ANN PATTEN,
as Personal Representative of the
ESTATE OF ROBERT DENNIS PATTEN,
Plaintiff,
v. 	No. 1:26-cv-01610-KK
UNITED STATES OF AMERICA,
Defendant.
ORDER REGARDING REPRESENTATION OF THE ESTATE AND
ORDER GRANTING MOTION FOR PERMISSION TO FILE ELECTRONICALLY
THIS MATTER comes before the Court on pro se Plaintiff’s Complaint for Medical
Negligence, Wrongful Death and Survival Action, Doc. 1, filed May 18, 2026 (“Complaint”),
Plaintiff’s Notice of Filing, Doc. 6, filed May 27, 2026, and Plaintiff’s Motion for Permission to
File Documents Electronically, Doc. 7, filed May 27, 2026.
Order Regarding Representation of the Estate
Plaintiff, who is the personal representative of the Estate of Robert Dennis Patten
(“Estate”), asserts claims pursuant to the Federal Tort Claims Act. See Complaint at 1. The Court
notified Plaintiff, who is not an attorney authorized to practice before this Court, that she may
represent the Estate pro se only if she is the sole beneficiary of the estate and there are no creditors.
See Order at 3, Doc. 5, filed May 20, 2026. 	The Court ordered Plaintiff to either (i) have an
attorney authorized to practice in this Court enter his or her appearance on behalf of the Estate; or
(ii) conclusively demonstrate, with supporting documentation, that Plaintiff is the sole beneficiary
of the Estate and there are no creditors. See Order at 4.
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Plaintiff may represent the Estate pro se. 	Plaintiff, who is one of Decedent’s surviving
children, filed an affidavit stating: (i) Decedent’s surviving spouse executed a settlement
agreement and released all actions regarding her rights concerning the Estate; (ii) Decedent’s other
surviving child executed a disclaimer of interest and an assignment of interest relinquishing and
transferring all rights and interests in the Estate to Plaintiff as Personal Representative of the
Estate; (iii) none of Decedent’s three grandchildren are beneficiaries of the Estate; (iv) no creditor
claims were filed against the Estate, the statutory period for filing creditor claims has expired, and
the Estate has no outstanding debts, obligations or creditor claims of any kind; and (v) Plaintiff is
the sole beneficiary of the Estate. See Notice of Filing at 3-17 (settlement agreement and release
between surviving spouse and Plaintiff, and Decedent’s other child’s disclaimer of interest and
assignment of beneficial interest attached).
Order Granting Motion to File Electronically
The Court grants Plaintiff permission to file electronically in this case only. See Guide for
Pro Se Litigants at 13, District of New Mexico (October 2022) (“approval to electronically file
documents within a case must be granted by the presiding judge for each case in which the pro se
litigant wishes to file using their CM/ECF account”). The Court will revoke permission to file
electronically if Plaintiff abuses her electronic filing privilege or fails to comply with the rules and
procedures in the District of New Mexico’s Guide for Pro Se Litigants and the District of New
Mexico’s CM/ECF Administrative Procedures Manual. 	Account registration forms, procedure
manuals, 	and 	other 	information 	can 	be 	obtained 	at 	the 	Court’s 	website 	at
http://www.nmd.uscourts.gov/filing-information. 	This Order only grants Plaintiff permission to
participate in CM/ECF; Plaintiff is responsible for registering to become a participant. 	See
CM/ECF Administrative Procedures Manual, District of New Mexico (Revised June 2024).
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IT IS ORDERED that:
(i) 	Plaintiff may represent the Estate of Robert Dennis Patten pro se.
(ii) 	Plaintiff’s Motion for Permission to File Documents Electronically, Doc. 7, filed
May 27, 2026, is GRANTED.
_____________________________________
KIRTAN KHALSA
UNITED STATES MAGISTRATE JUDGE
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