ABSOLUTE TREASON PROTECTION OF RICO HORSE RUSTLER BENJAMIN BENAVIDEZ JR. LARCENY OF 500+ HORSES WITH THE SINALOA CARTEL

STATE OF NEW MEXICO

BERNALILLO COUNTY

SECOND JUDICIAL DISTRICT COURT

David Derringer,                                                         CV-2023-09552         

            Plaintiff,                                                                     

V.

Benjamin Benavidez Jr.

            Defendant,

PLAINTIFF’S TIMELY MOTION FOR RECONSIDERATION OF THE ORDER DENYING EMERGENCY MOTION FOR PERMANENT INJUNCTION OF JANUARY 9, 2024, UNDER NMRA RULE 1-060 FOR (B)(2) NEWLY DISCOVERED EVIDENCE (B)(3) FRAUD AND DEFAULT OF THE DEFENDANT (B)(6) OTHER REASONS OF DEFAULT NO ANSWER TO THE COMPLAINT, TREASON CRIMINAL ACTS, CONVERSION, CONSPIRACY WITH CORRUPTION OF PUBLIC OFFICIALS, CORRUPTION NEGATING REDRESS BY 911, STATUTORY MANDATED AUTHORITY RESPONSES AND CONTINUED LARCENY BY THE DEFENDANT WIHOUT REMEDY, REVERSAL,: MOTION FOR DEFAULT AND EXECUTION ORDER UNDER REPLEVIN TO RETURN THE NOW 500+ STOLEN HORSES BY THE DEFENDANT WITH ACCOMPLICES UNDER NMSA 29-1-2 AND NMSA 42-8-1; EXTREME SANCTIONS PUNISHMENT AGAINST DEFENDANT WITHOUT BOUNDARIES

COMES NOW the Plaintiff, David Derringer representing himself Pro-Se with his Motions as stated above. Perez v. Perez, 75 NM 656, 409 P.2d 804 (1966) “Because judgement not final until denial of motion-Motions under Rule 60- a motion under this rule made within 10 days, does affect finality of judgement and the running of the time for appeal.”

Plaintiff Derringer filed a proper petition on December 14, 2023, for a TRO, with the addition of a filed Petition for REPLEVIN as legally available under both statutory NMSA 42-8-1 and to be enforced as mandated duties of enforcement by all law enforcement under NMSA 29-1-2 “That it shall be the duty of all sheriffs, deputy sheriffs and constables, in their respective counties, to employ all lawful means to immediately trace and discover all livestock and other property which may have been stolen or unlawfully taken from the possession of the true owner thereof.” Replevin specifically states Primary purpose of action restoration of plaintiff's property. — Replevin, under this statute, is a possessory action, the primary object of which is plaintiff's right to the immediate possession of the property and, secondarily, the recovery of damages by the plaintiff for the unjust caption, or detention thereof. Novak v. Dow, 1970-NMCA-104, 82 N.M. 30, 474 P.2d 712. The case was formerly assigned to the Judge Daniel E. Ramczyk, who without statutory or other authority reasons, denied the initital TRO in violations of States v. Taylor, 487 U.S.326, 108 S. Ct. 2413, 101 L. Ed. 2d 297,56 U.S.L.W. 4744. (Emphasis added). However, as deemed necessary the former Judge Ranczyk scheduled a hearing on the TRO and petition for replevin within the necessary time frame of the TRO; By law the hearing must be held within 10 days. NMSA 40-13-2. New Mexico law allows you to file for a temporary civil restraining order against someone if immediate and irreversible (irreparable) injury will result if a restraining order is not issued immediately.

The matters involved herein are extreme and volatile, and involve not only criminal RICO racketeering acts of the Defendant doing larceny of Plaintiff Derringer’s legal horses, but is in cahoots with New Mexico State agencies, specifically (but not limited to) the NMLB and BCSO taking bribes, and working in conspiracy and collusion with the underlying Defendant with indisputable direct connections with the invading Mexican National Sinaloa Cartel, which makes all co-conspirators and particular NM state employees involved in criminal treason, not just under the 14th Amendment Section 3, but criminal with penalty of hanging execution under 18 USC 2381 and 2383. Defendant Benjamin Benavidez Jr. does fraud, claiming to have a grazing permit on the Santolina lands, wherein the reality is that Defendant totally is in undisputed breach of contract with the lands owned by Barclays Band of England (UK), wherein the ownership papers are held by the American branch of Barclays Bank of Wilmington, Delaware. The local administration of the Santolina is by the Western Albuquerque Land Holdings LLC corporation of administrator Ted Garrett that formed a contract with Defendant Benavidez, based on the former grazing contract between Defendant and former Westland Development Corp. and then under Suncal Corporation wherein all contracts, (including but not limited to all of  former Westland Development Corp. and then under Suncal Corporationa{that went bankrupt and in auction purchased by Barclays Bank}) are now under Western Albuquerque Land Holdings LLC. (WALH) All former and current alleged Defendant grazing permit contracts absolutely specify that Defendant Benavidez Jr. is mandated to reconstruct the Pajarito fence line going several miles East/West dividing fence between the Santolina private property and the Pajarito private property to be built in statutory compliance of NMSA 77-16-1 and constructed in accordance with NMSA 77-16-4; which the Pajarito is not and never has been for 110 years. This illegal fence and thus breach of any alleged grazing contract is undisputed by Defendant Benavidez Jr. in the Answer of judicial notice of January 21, 2015 in Derringer v. Benavidez et al CV-2014-07755; hence making Defendant Benavidez Jr. in total breach of contract wherein Defendant has no legal use or right to be on the premises of the Santolina. In this same answer of Derringer v. Benavidez et al CV-2014-07755 Defendant Benavidez Jr. also admits being a criminal RICO racketeering horse rustler at that time stealing 2 of the known and admitted to Derringer horses, capturing them on the baiting into the Santolina, then using their own trucks and trailers to criminally transport the stolen property across the Bernalillo County line into Valencia County and illegally selling the 2 stolen horses to felon Dennis Chavez, SW Livestock Auction, DC Livestock Auction, and SW Event Center. At that time, without any mandated arrest of either Defendant Benavidez Jr. or the complicit Dennis Chavez, the NMLB Inspector Randall Riley forced in extortion and ransom horse owner Derringer to pay the criminal Dennis Chavez $60 to gain back Deringer’s stolen property in absolute violation of NMSA 30-16-11. At that time, connection was absolutely proven of the criminal Defendant doing RICO horse rustling and the connection absolutely between the known horse fence (NMSA 30-16-11) OF Dennis Chavez and the NMLB corruption activities in horse rustling RICO racketeering with the insurrection of complicity with the invading Mexican National Sinaloa Cartel. Likely, these matters were unknown to Barclays Bank until the latest Plaintiff Derringer suit of Derringer v. Barclays Bank et al, is that the Defendant is using the Santolina as a staging area to bait, entice, herd and then permanently steal in larceny Derringer horses from the Pajarito that are legally on “open range”. By the Pajarito/Santolina fence line totally non-compliant with NMSA 77-16-1, it legally makes the entire Santolina contiguous “open range” with the Pajarito open range, and wherein neither the Pajarito nor the Santolina are any legal herd districts, but each is entirely privately-owned lands prohibiting any legal claims to trespass of either grazing animals or owners to access both properties to tend or retrieve their own livestock as defined specifically in NMSA 77-14-3(A). This in absolutely known by Defendant Benavidez Jr. that not only can the Defendant not use the Santolina in breach of Contract with (WALH), but it was the Defendant’s own uncle Ivan Benavidez in Bernalillo County Commissioners v. Ivan Benavidez that established FENCE THEM OUT ruling of the NM Ct. App. No. 12-8853; all of which establishes case law that the Santolina is open range without a proper Pajarito fence, and horse owner Derringer on the Pajarito can legally go onto the Santolina to retrieve his locked up horses without any claims of fence damage or trespass prohibited under NMSA 77-14-3(A). The WALH administrator Ted Garrett managing the Western Albuquerque Land Holdings LLC as well as Ted Garrett as a person, knowingly allows Defendant Benavidez Jr. to be continually in breach of contract with not legal ability to be on the premises of the Santolina, and likely is totally involved with the RICO horse rustling of the Defendant, NMLB and the Sinaloa Cartel, receiving kickbacks and perks of the sales of the Derringer stolen horses. As of this writing, now, without any TRO or requested permanent restraining Order, the larceny of Derringer horses accelerates, with knowledge of all involved there is no one to stop it. By circumstantial evidence, Defendant is totally involved, the NMLB is totally involved, and WALH Ted Garrett is totally involved with the RICO racketeering $millions of dollars of profit being generated for all by the larceny of over 500+ Derringer horses valued at $100,000.00 for each horse or at least $50,000,000.00 of profits selling Derringer stolen  property under felonies per animal of NMSA 30-16-11.  Indisputably, without granting Plaintiff a TRO and more importantly a permanent restraining Order, the damages are immediate and irreversible (irreparable) injury. The Court erred in stating “If Plaintiff fears that immediate and irreparable injury, loss or damage may occur to him, he is to call 9-1-1 for the Albuquerque Police Department or contact the Bernalillo County Sheriff’s Office.”. It is proven that the agency NMLB is stealing the horses that Defendant already stole, [Exhibits 1| showing they took Derringer horses locked in “Benavidez corrals North of Grant road”, deliberately not arresting the Defendant pursuant to mandates of NMSA 77-9-22(F), and then forming fraudulent bills of sale and selling the Derringer personal property horses (NMSA 30-16-11) in RICO criminal violation of Derringer’s statutory rights to “personal property” [1] and in violation of the forfeiture Clause, no due process, no warrant, and direct violations of 18 USC 241, 242 by way of direct malicious prosecution and larceny and proof of the NMLB larceny is in writing fraudulent public documents known false reports in felonies of NMSA 30-39-1 and penal code 118.1. this court is allowing direct acts of criminal felonies to occur in the jurisdiction of this court, directing the Plaintiff to other proposed remedies that do not exist.  Tyus v. Martinez, 106 Supreme Court 1787, 475 US 1138, 90 L.Ed.2d 333 on remand 800 F.2d 230 “A judge is not only entitled, but also has a duty to take all lawful measures reasonably necessary to prevent the occurrence of a crime in his courtroom.” This Judge not only has a duty to stop the ongoing larceny of Derringer horses by permanent restraining Order, but a duty by “knowledge” to immediately contact the appropriate authorities, that being the FBI, DOJ, PENTAGON and DHS regarding public corruption, treason and other high crimes. Canon: “knowledge”, denotes actual knowledge of the fact in question. A person’s knowledge may be inferred from circumstances. SEE: sections Canon 2B, 3C(5), 3(D), 3(E)(1), and 5(A)(1) and (3). Canon: “appropriate authority” denotes the authority with responsibility for initiation of disciplinary process with respect to the violation to be reported. SEE: sections 3(D)(1) and 3(D)(2). Plaintiff has sued the NMLB multiple times prior to both this suit and underlying criminal attacks on the Plaintiff by the NMLB not only stealing horses but malicious felonies of known false criminal complaints against the Plaintiff attempting to protect under Constitutional right of the 5th Amendment his own personal property horses. After suing the NMLB and winning in multiple cases, as in this case wherein the Defendants don’t Answer the Complaint in “Default” as herein also, the Corruption of NM Judges refuse to Order the mandated Default to protect both State employees and the collusion with the Sinaloa Cartel to ensure continuation of bribes, flows of cocaine, and other drugs and the use and ownership of some of the illegal missing alien minor children used in NM by Judges and elite public servant pedophiles. Accordingly, in attempts at domestic terrorism by the NMLB to protect the Sinaloa Cartel and their RICO enterprises, the criminal felons NMLB Manuel Monte and Justin Gray filed knowingly false criminal charges against the Plaintiff in T-4-CR-002115, did not serve the Plaintiff, then without warrant or probable cause illegally arrested and illegally imprisoned the Plaintiff in criminal acts of obstruction of justice and intimidation under the meaning of retaliation, retribution, revenge of the former Plaintiff’s and ongoing civil law suits of 18 USC 1503, 1505, 3617, and in the ongoing treason of 2381, 2383. When the NMLB realized they were legally beat by Derringer’s Motions to Dismiss, they coyly with drew the malicious prosecution under false pretenses of “nolie prosequi”. In direct retaliation against the Plaintiff, the felon NMLB Inspector Justin Gray blatantly stole in larceny NMSA 30-16-1 the first 6 horses of [Exhibits 1] wherein it under law was direct armed robbery NMSA 30-16-2 (State v. Gutierrez, 2011-NMSC-024, 150 N.M. 232, 258 P.3d 1024) wherein as Derringer had to watch the crime unable to stop it, and 911 calls to BCSO are ignored by the BCSO (INVOLVED IN THE SINALOA CARTEL PROTECTION BY BRIBERY) [SEE court record Derringer v. NMAG, Bernalillo County Sheriff et al.] whereas BCSO undersheriff Jjareno Ordered Derringer not to ever call “911”. This was enabled only as the felon NMLB Inspector Justin Gray was working with the Defendant Benavidez Jr. at the “Benavidez corrals” because Gray had a badge and firearm to keep Derringer from “interfering” with the armed robbery larceny of Derringer horses. Monroe v. Pape, 365 U.S., at 184 “Misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.” ;  State of New Mexico ex rel Candelaria v. City of Albuquerque 768 F.2d 1207 “Allegation that local government officials acted “in concert” ..in alleged conspiracy to state valid cause of action under..Conspiracy Statute.” Again, in both rule and legal error of domestic terrorism Justin Gray filed yet another malicious criminal Complaint against the Plaintiff as further retaliation in T-4-CR-003902 as a felon again under NMSA 30-39-1 and penal code “knowingly” as malicious prosecution NMSA 30-27-1, while quoting the very law NMSA 77-14-3(A) that prohibits claims of trespass of Derringer’s horses on the Santolina. Now, after being further exposed and sued, this false fraudulent complaint has also been withdrawn under nolie prosequi. After it had been falsely filed, Derringer sued Justin Gray again as an individual, as he maliciously retaliated stealing another 9 horses, then another 15 horses with Defendant Benavidez. Then NMLB felon George Mendoza stole another 6 Derringer horses working with Defendant Benavidez, and when Derringer immediately sued Mendoza, all of the Defendant Benavidez and the NMLB stole now another 60+ horses unposted notices so they are afraid of the instant suits against them by the Plaintiff. Stolen horses due replevin are now 500+.

Right before the mandated and scheduled TRO/REPLEVIN hearing, suddenly, without reason, Judge Daniel E. Ramczyk vacated the mandated hearing without authority or reason [2] It is unknown whether Judge Ramczyk was bribed or threatened by the underlying Sinaloa Cartel, directed illegally by upper NM Judicial corruption of extensive knowledge of these matters, or other reasons, but the fact remains that due process and equal protection was explicitly and maliciously denied the Plaintiff for motives that did indeed protect the Defendant, the complicit NMLB and the invading Sinaloa Cartel, all in acts of treason. US v. Guest, US Ga. 1966, 86 S.Ct. 1170, 383 US 745, 16 L.Ed.2d 239 “This section (Title 18 Section 241) pertaining to conspiracy against rights of citizens encompasses due process and equal protection clauses of USCA Constitution Amendment 14 and is not unconstitutionally vague.” Accordingly, Plaintiff Derringer stands on the Petition that is unopposed, with not legal Answer or dispositive motion, with all rights to attain a permanent restraining Order against the Defendant, a mandated Order of Default Judgment, with Order of Replevin of mandated damages of $50,000.000.00 for the value of all stolen 500+ horses, deprivation of income thusly and other real tort damages that would be presented to the court in a hearing of uncontested damages. Kerwit Med. Prods., Inc. v. N. & H. Instruments, Inc., 616 F.2d 833, 837 (11th Cir. 1980). The Petition was not Answered by the Defendant Benjamin Benavidez Jr. who now has no legal standing and therefore Default Judgement should have sua sponte been Ordered and filed. Rogers v. Lyle Adjustment Co., 70 NM 209, 372 P.2d 797 (1962).; Phelps v. Hamilton, 122 F.3d 1309, 1323 (10th Cir. 1997). “manifest error of law is clearly present.”; Chavez v. County of Valencia, 86 NM 205, 521 P.2d 1154 (1974) “Attack on subject matter jurisdiction may be made at any time in the proceedings.”

The domestic terrorism and collusion with corrupt state officials is exemplified in the already presented evidence of the original Petition wherein the Court can see the open Pajarito fence, the 4-wheeler tracks of herding known Derringer horses onto the Santalina for larceny, photos of some of the 500+ Derringer horses locked in the “then closed” Pajarito fence at the exact location where they were herded into, and then the absolute INTENT of the larceny of the Defendant and the staged lock-up in the “Benavidez corrals” for the felons of the NMLB Justin Gray and George Mendoza to subsequently herd into state paid trucks and trailers in embezzlement of public property for criminal acts. Las Luminarias of the New Mexico Council of the Blind v. Isengard 587 P.2d 444, 92 NM 297 “Existence of civil conspiracy must be pled either by direct allegations or by allegations of circumstances from which a conclusion may be reasonably inferred.”;

U.S. v. Pedreza 27 F.3d 1515 cert denied 115 Supreme Court 347, 513 U.S. 941, 130 L.Ed.2d 303 cert denied “Elements of conspiracy are agreement with another person to violate law, knowledge of essential objectives of conspiracy, knowing and voluntary involvement, and interdependence among alleged co-conspirators.”

Facts of the Defendant necessary permanent injunction and absolute REPLEVIN of 500+ Derringer horses and monetary damages. The NMLB have no authority on private lands those being both the Pajarito and the Santolina.  The contract that is between Benavidez and WALH shows breach of contract prohibiting any use of the Santolina or Benavidez ever calling the NMLB. The NMLB had to have a warrant and give due process under the 4th, 5th, and 14th AMENDMENTS.  The NMLB simply stole Derringer horses already stolen by Benjamin Benavidez Jr as hundreds of felonies in conspiracy. State v. Padilla 879 P.2d 1208, 118 N.M. 189 Cert. Denied 877 P.2d 1105, 117 N.M. 802 “Agreement is gist of crime of conspiracy; overt act is not required, and crime is complete when felonious agreement is reached.” The NMLB violate the forfeiture Act clause. The NMLB have no authority to call any horses strays on private lands. Statute NMSA 77-14-3(A) prohibits claims of trespass as does NM Ct. App. 12-8853. The NMLB cannot delegate any citizens to lock up horses they don't own and become a co-conspirator in collusion with larceny of proven felonies of Benavidez. Morris v. Dodge Country Inc.  513 P.2d 1273, 85 N.M. 491 Cert. Denied 513 P.2d 1265, 85 N.M. 483 “N.M. App. 1973 Conspiracy may be established by circumstantial evidence; generally, the agreement is a matter of inference from the facts and circumstances, including acts of persons alleged to be conspirators.” Derringer horses never left private lands until stolen by Benavidez,  NMLB, and Sinaloa Cartel, making it legal not to have to prove ownership to Justin Gray and George Mendoza at any time since the Derringer horses are never locked up. Derringer doesn't have to register any horses with the national registry of ApHA, AQHA or other, and until  Derringer trailers a horse on public roads, Derringer doesn't have to have any NMLB travel papers. Derringer has 12 generations of horses on the Pajarito since 2012, from the open breeding of Derringer's original 32 horses from the Wild Horse/Derringer ranch driven off by the Sinaloa Cartel at gunpoint. 1/2 of the Derringer herds are mares, so in 2012 Derringer herds increased by 16 babies to 48 horses. In 2013 Derringer herds increased by 16 babies to 64 horses. In 2014 Derringer herds increased by 24 babies to 88 horses. In 2015 Derringer herds increased by 32 babies to 120 horses. In 2016 Derringer herds increased by 60 babies to 180 horses. In 2017 Derringer herds increased by 90 babies to 270 horses. In 2018 Derringer herds increased by 135 babies to 405 horses. In 2019 Derringer herds increased by 202 babies to 607 horses. In 2020 Derringer herds increased by 303 horses to 910 horses. In 2021 Derringer herds increased by 405 babies to 1315 horses. In 2022 Derringer herds increased by 653 babies to 1968 horses. In 2023 Derringer herds increased by 1034 horses. From 2012-2019, in these years Derringer lost about 20 babies each year to predators. 5- 12 horses to rustling each year until 2019, and15 of Derringer horses died from other causes of illegal aliens Mexicans hitting and killing them, Metropolitan Detention Center Officers killing them speeding with cars to and from work, breaking legs so I had to kill them, abortions and birth complications so Derringer lost about 40 horses each year. In 2015 the Sinaloa Cartel, Defendant Benjamin Benavidez Jr. admitted to be a horse rustler and NMLB started stealing entire herds of 12 to 33 horses per herd, wherein Defendant and NMLB stole by baiting on private Pajarito and Santolina lands witnessed by the Plaintiff, with hay and salt blocks and NMLB paying ropers and others to do larceny of Derringer horses. Hedrick v. Perry, 102 F.2d 802 “A conspiracy to cheat and defraud may be provided by circumstantial evidence. The existence of a conspiracy is generally a matter of inference deduced from acts and declarations of parties. Evidence is sufficient to establish a conspiracy to cheat and defraud if the facts and circumstances pieced together and considered as a whole convince the judicial mind that the parties united in an understanding way to accomplish the fraudulent scheme.” In 2019 Derringer lost over 120 horses NMLB stole with Sinaloa Cartel and the collusion with the Defendant. Schear v. Board of Cnty. Comm'rs, 1984-NMSC-079, 101 N.M. 671, 687 P.2d 728.  In 2020 the NMLB stole at least 185 horses with the Defendant. In 2021 the NMLB and Defendant Benavidez Jr. stole at least another over 200. In 2022 the NMLB and Defendant Benavidez Jr. stole another over 200. In 2023 the NMLB and Defendant Benavidez Jr. stole all my trained working horses of 34, then in retaliation of my law suits as criminal intimidation and obstruction of justice felonies since August, 2023 the NMLB and Defendant Benavidez Jr. have stolen at least 120 horses, and of course all projected babies that Derringer would have had from the horses they've stolen for the last 4 years. The NMLB and Defendant Benavidez Jr. have made Millions of dollars selling Derringer stolen horses embezzling money from Derringer the NMLB put in their pockets in criminal felonies NMSA 30-16-11. Derringer does not have any bills of sale for babies born of Derringer horses obviously since they were not bought or sold but they all are Derringer personal property and cannot be illegally stolen, confiscated, or claimed as strays by the simple word of some bast*rd horse rustler as any employee of the NMLB as a license to do felonies just because he has a badge and gun. Out of the impoundment notices alone the NMLB and Defendant Benavidez Jr. stole about 28 babies on the ground and more by mares being pregnant.  The NMLB and Defendant Benavidez Jr. cannot skate free with stealing hundreds of Derringer horses in the last several years, making millions of unjust enrichments from stealing Derringer property as corruption with the Sinaloa Cartel. The NMLB and Defendant Benavidez Jr. has to return back over 500 of stolen Derringer horses, all the money they got selling any and all Derringer stolen horses over the last 4 years.  Clearly, and legally due, Derringer will sue each and every person that ever had one of the Derringer stolen horses in NMSA 30-16-11. Derringer will continue to sue the NMLB and Defendant Benavidez Jr. again and again over their public corruption conspiracy collusion, and likely every citizen Derringer sues for having Derringer stolen horses from a fraud bill of sale from the NMLB will likely also sue the NMLB. Weinstein v. City of Santa Fe ex rel. Santa Fe Police Dep't, 1996-NMSC-021, 121 N.M. 646, 916 P.2d 1313. Defendant Benavidez and everyone involved with the RICO racketeering enterprises of horse rustling by the NMLB involved with the invading Mexican National Sinaloa Cartel is in treason against the United States. Torres v. State, 1995-NMSC-025, 119 N.M. 609, 894 P.2d 386. The NMLB never posted hundreds of horses they stole before multiple Derringer law suits against the NMLB, employees, and Defendant Benjamin Benavidez Jr. and have stolen now well over another 120 horses in criminal felonies of intimidation,  obstruction of justice,  retaliation, retribution because of legal Derringer suits ongoing against the felon employees and the NMLB and other corruption of NM agencies with the felon Defendant Benjamin Benavidez Jr.. Due to Derringer immediately suing Justin Gray and George Mendoza involved with the and Defendant Benjamin Benavidez Jr., the NMLB illegally stopped any posted notices since Derringer immediately sued Mendoza over the last posting, yet have stolen at least another 60 + horses because Derringer knows the 60 + horses were last seen on the Santolina stolen by Benavidez and the NMLB. In no way can the NMLB make use of Benavidez as their mule to first steal the horses in larceny and the NMLB not arrest Benavidez, and then the NMLB steal in larceny the very same horses never arresting Benavidez.  The NMLB already admitted in writing they knew the horses illegally stolen from the Pajarito by Benavidez on the Santolina were Derringer horses and from the Pajarito mandating the NMLB and Defendant Benjamin Benavidez Jr. to return them immediately to the Pajarito as not strays, not trespassing and mandated to return and not steal them in larceny NMSA 30-16-1 to return the horses under NMSA 29-1-2.  Defendant Benjamin Benavidez Jr. under replevin is to pay Plaintiff Derringer $100,000.00 per horse additionally for any of the Derringer stallions gelded ruining their entire lifetime of breeding and it is mandated Derringer horses are returned each with a veterinarian certificate that each is in good health and if any stallion has been gelded since the NMLB and Defendant Benjamin Benavidez Jr. have had even the stolen August horses over 5 months now, and no one can keep any baby stolen or babies birthed while in their larceny possession as stolen property. The NMLB and Defendant Benjamin Benavidez Jr. is selling stolen property as multiple felonies under NMSA 30-16-11, and all have to be arrested and prosecuted as do every citizen in adverse stolen property possession or past possession of each Derringer horse. State v. Clark 3 P.3d 689, 129 N.M. 194 2000-NMCA-052 cert denied 4 P.3d 35, 129 N.M. 207 “Conspiracy, like larceny, can be a continuing crime.”

MOTION FOR DEFAULT NMRA 1-056 AND EXECUTION ORDER UNDER REPLEVIN TO RETURN THE NOW 500+ STOLEN HORSES BY THE DEFENDANT WITH ACCOMPLICES UNDER NMSA 29-1-2 AND NMSA 42-8-1

Defendant never answered the Petition regarding a TRO or the mandated Replevin, wherein damages are to be awarded by statute under Replevin. Accordingly, the Court has a duty to award the Plaintiff a Default judgment against the Defendant, making a permanent injunction applicable since there in no opposition and the mandated TRO hearing was denied against all Constitutional law to present this evidence and facts before the court. The Court must take all exhibits and facts presented as the facts of the case, and all stated cases and authorities sustained as the legal argument proving the facts presented. Since the Defendant served no answer, the Defendant has no further standing to contest either facts, exhibits and cannot contest legal argument authorities, The Court has a duty to award Replevin in Order for the Defendant to return all 500+ horses stolen with damages for the larceny of $25,000.00 per horse; $100,000.00 for any and each original horse not returned, damages of $100,000.00 for any horse illegally gelded or spade ruining their 32 year life of breeding, $25,000.00 for any horse returned illegally branded, for each horse a licensed veterinarian certificate that the horse is in good health and confirmation that it has not been gelded or spade.

MOTION FOR SANCTIONS WITHOUT BOUNDARIES AGAINST

BENJAMIN BENAVIDEZ JR.

It is the most egregious violation of law when an admitted Sinaloa Cartel horse rustler Defendant works in tandem and collusion conspiracy with NM State officials as felons and does criminal acts knowingly against a citizen by mis-use of corruption of others that use a badge to commit the crimes working with the Defendant illegally using lands and corrals to steal horses in a RICO racketeering enterprise to sell horses for $millions of profits for all involved. Extreme and exemplary punishment is due for the Defendant to defile the Court system integrity with bribes and collusion with judges and state agencies to defeat justice and redress for monumental grand larceny crimes. Defendant knows and previously has confessed to being a horse rustler to effect stealing horses known to not be “estrays” and known to be owned by David Derringer.  Derringer asks permission to punish: sanctions without boundaries based upon mis use of the Defendant being protected by the State of New Mexico, circumstances proven that the Defendant believed the corruption of the State would protect him due to working with corrupt state officials wherein the Defendant believed obviously he had no need to answer the Petition. Based on Harrison v. Bd. of Regents of the Univ. of New Mexico, 2013-NMCA-105, ¶ 2, 311 P.3d 1236, Plaintiff Derringer seeks “justice” for this court to sanction Defendant Benavidez Jr. as a citizen mandated to follow the laws and an individual citizen and not use public corruption of judicial or agencies to accomplish horse rustling RICO on a grand scale that is happening here. Plaintiff Derringer asks for the amount of $100,000.00  from Defendant Benjamin Benavidez Jr. payable to victim Defendant David Derringer within one week of Order and court costs and any and other relief as deemed appropriate by the court wherein this case is involving extreme larceny, collusion with state officials and treason against America with the Sinaloa Cartel. both false Complaint coupled with motive of the most extreme and egregious acts. Martinez v. Winner, 771 F.2d 424 opinion modified on denial of rehearing 778 F.2d 553, cert granted, vacated; “A judge is not only entitled, but also has a duty to take all lawful measures reasonably necessary to prevent the occurrence of a crime in his courtroom.”; Foundation Reserve Ins. Co. v. Martin, 79 NM 737, 449 P.2d 339 (Ct. App. 1968); Perez v. Perez, 75 NM 656, 409 p.2d 804 (1966); Barker v. Barker, 94 NM 162, 608 p>2d 138 (1980) “In simple English, the language of the “other reasons” clause, ...vests power in court adequate to enable them to vacate judgement whenever such action is appropriate to accomplish justice.”

CONCLUSION

Judge Ranczyk scheduled a hearing within 10 days as mandated under law and suddenly under duress, mysterious, and skeptical circumstances, suddenly vacated the hearing and recused without reason. Newly assigned Judge Shepherd denied due process and equal protection [3] for a mandated hearing, ignored replevin, and denied plaintiff's motion for permanent injunction without cause or authority again ignoring petition for Replevin; indisputably refusing to stop or impair Defendant Benavidez Jr. from the ability to continue to steal the Derringer horses uninhibited, whereas the Court are both complicit in the ongoing crimes against the Plaintiff as “lawbreakers”. A quote from U.S. Supreme Court Justice Tom C. Clark in Mapp V. Ohio, 367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (June 19, 1961), as follows: “Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence. As Mr. Justice Brandeis, dissenting, said in Olmstead v. United States, 277 U.S. 438, 485 (1928): "Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. . . . If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy."” (Emphasis added). Circumstantial evidence leads the rational mind to conclude Judge Shepherd has a personal bias and Prejudice in favor of the defendant Benjamin Benavidez Jr.. and/or the vast $32 Million dollars per week of the underlying RICO operations of the invading Sinaloa Cartel paychecks for their protection. State ex rel Stratton v. Sinks, 106 N.M. 213, 220, 741 P.2d 435, 442 (Ct. App. 1987) “substantial evidence is such relevant evidence that a reasonable mind would find adequate to support a conclusion.” Judge Shepard simply claims to deny a Motion for Permanent Restraining Order because the former Judge Ranczyk denied the TRO, yet conveniently ignores that Judge Ranczyk set a hearing for all matters. Baker v. Horn, 201 Supp.2d 592 “Fact cannot become of record solely by virtue of its inclusion in trial court’s opinion.” Circumstantial Acts are wherein no rational judge or even a private citizen layman would endorse RICO racketeering horse larceny that is clearly occurring in this matter with photograph evidence already presented to the court. US v. Andreas, 39 F. Supp.2d 1048 ND Ill. 1998 “Obstruction of justice statute is construed broadly to include the various corrupt methods by which the proper administration of justice may be impeded or thwarted; variety limited only by the imagination of the criminally inclined.” 18 USCA 1503. Stealing one horse in the 1800's and 1900's was subject to death by hanging. In this matter, the defendant Benjamin Benavidez Jr. with accomplices and co-conspiracy with corrupt agency New Mexico Livestock Board and the invading Sinaloa Cartel, have stolen 500 plus horses and judge Shepherd denies a permanent injunction to stop the larceny, and also ignores redress of replevin return of 500 + stolen horses of $50 Million dollars without any accountability. This undoubtedly shows a tie of the judge with the underlying Sinaloa Cartel Rico racketeering horse rustling, where judge Shepherd's decisions are against all constitutional, statutory, and oath law that would not occur lest a fantastic reward for so doing and protection and favor for the defendant, underlying state employees, and the invading Mexican National Sinaloa Cartel.

WHEREFORE the Plaintiff requests that the Court issue a Permanent Restraining Order taking all fact and evidence presented as the facts of the case, all authorities and legal arguments as the conclusions of law, Order Replevin of all stolen 500+ Derringer horses with damages and redress tort amounts. Plaintiff also requests court costs, and any and all other relief that the Court deems just and proper.

Respectfully submitted by ________________________________________

David Derringer representing himself Pro-Se Box 7431 Albuquerque, New Mexico 87194   Certificate of Service I, Plaintiff Derringer sent a true original of this pleading to the 2nd District Court at 400 Lomas NW on January 16, 2024, and to the Defaulted Defendant Benjamin Benavidez Jr. at 9701 Volcanes NW Albuq, NM 87121

ADDENDUM EXHIBITS 1

Respectfully submitted by ___________________________________

David Derringer Pro-Se Box 7431 Albuquerque, New Mexico 87194

[1] Jones v. Mayer Co., U.S. Supreme Court 392 U.S. 409 (1968) No. 645 “All citizens of the United States shall have the same right, in every state and territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property. Congress provided that the right to real and personal property was to be enjoyed equally throughout the United States, and that right was to be secured against interference from any source whatever, whether governmental or private.”

[2] “This Court previously has recognized–even with respect to another statute the legislative history of which indicated that courts were to have “wide discretion exercising their equitable powers,” 118 Cong. Rec. 7168 (1972), quoted in Albemarle Paper Co. v. Moody, 422 U.S. 405, 421 (1975)–that “discretionary choices are not left to a court’s ‘inclination, but to its judgment; and its judgement is to be guided by sound legal principles.’ ” Id., at 416, quoting United States v. Burr, 25 F. Cas. 30, 35 (No. 14,692d) (CC Va. 1807) (Marshall, C.J.). Thus, a decision calling for the exercise of judicial discretion “hardly means that it is unfettered by meaningful standards or shielded from thorough appellate review.” Albemarle Paper Co., 422 U.S., at 416.”” United States v. Taylor, 487 U.S.326, 108 S. Ct. 2413, 101 L. Ed. 2d 297,56 U.S.L.W. 4744. (Emphasis added)

[3] Doe v. Pringle, 550 F.2d at 596 (10th Circuit 1976) at 599 “A federal district court may exercise jurisdiction in relations to review of alleged federal constitutional due process or equal protection deprivations.”