DAVID DERRINGER V. STATE OF NEW MEXICO ET. AL. UNITED STATES SUPREME COURT

No.

US SUPREME COURT EXTRAORDINARY WRIT MANDAMUS PROHIBITION ADDENDUM EXHIBITS.pdf

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IN THE SUPREME COURT OF THE UNITED STATES

EXTREME EMERGENCY PETITION FOR EXTRAORDINARY WRIT OF MANDAMUS AND PROHIBITION AGAINST THE STATE OF NEW MEXICO, NEW MEXICO SUPREME COURT, 2ND DISTRICT COURT, 7TH DISTRICT COURT, 13TH DISTRICT COURT, US DISTRICT COURT 10TH CIRCUIT FOR THE DISTRICT OF NEW MEXICO, NEW MEXICO LIVESTOCK BOARD, NEW MEXICO OFFICE OF THE STATE ENGINEER, JOHN D’ANTONIO, WAYNE CANON, MICKEY CHAPEL, JENNIFER CHAPEL, BENJAMIN CHAPEL, JOHN CHAPEL, DARRON “SHAWN” DAVIS, FRANCISCO “CISCO” LOVATO, JUSTIN GRAY, BELINDA GARLAND, MANUEL MONTE, GEORGE MENDOZA; REQUEST FOR RELIEF, AND PROHIBITION AGAINST EACH HAVING ANY FUTURE CONTACT OR INTERFERENCE WITH ANY OF THE REAL OR PERSONAL PROPERTY OF SOVEREIGN CITIZEN DAVID BRIAN DERRINGER

In Re: DAVID BRIAN DERRINGER,

Petitioner-Pro-Se, Box 7431, Albuquerque, New Mexico 87194: (505) 227-7229

On Petition for Extraordinary Writ of Mandamus and Prohibition is under Rule 20, Rule 14, 33, 34, authorized by 28 USC 1651 (a), 2241, and 2254(a).

QUESTIONS PRESENTED

l) As traitors were hung in the 1950's, is the United States now so corrupt that traitors go unpunished and unaccountable for violations of the 14th Amendment Section 3 and 18 USC 2381 and 2383 that the New Mexico State government, domestic American terrorists, and others in complicity and conspiracy can steal Derringer real property, steal over now 792 + horses in

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multiple felonies per horse of exclusive personal property, and terrorize Derringer misusing

power in the courts to obstruct, and facilitate the enemy invasion of the Mexico National Sinaloa Cartel and 170 + other countries to destroy America, and deny by illegal Order for Derringer not to be able to use the United States Courts in present ongoing already won 18 cases by Default and prohibited any future use of the Courts under threats of jail and assassination?

2) Can a judge Order a US American citizen not to file pleadings in order to specifically block the pro-se plaintiff’s due process and equal protection and block appeals, from legally suing Defendants and invading Sinaloa Cartel that the judge or political party prefers to protect, Order the court clerk to discriminate and not do mandated ministerial acts to take filings from a selected targeted pro-se litigant, Order not to use the US Courts, Order not to file any future lawsuits, Complaints, pleadings, notices or any court papers, to protect parties known to commit crimes and torts against the Plaintiff, Order not to represent himself pro-se in US Courts, Order a mandate to have an attorney, spontaneously dismiss entire law suit complaints denying all due process, Order a limit and censor pleading writings of facts and truth under Rule 90 that expose the public and juridical corruption, and never grant Default Judgments to a pro-se Plaintiff when the Judge has had ex-parte communications with Defendants advising they don’t have to Answer the Complaint, as the case will be rigged to protect them?

3) As in the 19th and 20th century and prior, stealing ONE horse was a high crime punished by death by hanging, wherein is it now that government or anyone can steal 792 + Derringer horses of value $79,200,000.00 and get away with this due to protection of judges and other law enforcement deliberately allowing the NMLB to act without authority and jurisdiction in RICO racketeering horse rustling, stealing without forfeiture, warrant, due process, equal protection and then, in only 15 days, illegally sell the stolen personal property for millions in profit,

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(NMSA 30-16-11) defeating the 5th Amendment and 42 USC 1982, and Jones v. Mayer Co., U.S. Supreme Court 392 U.S. 409 (1968) No. 645, and not be punished or held accountable for deliberately killing Plaintiff’s hundreds of horses for profit selling them to be butchered for meat (NMSA 30-18-1(E)) and, not be mandated to return all horses under law (NMSA 29-1-2), with extreme monetary penalties, return all money gained in the illegal sales as felonies (NMSA 30-16-11) with no false claims of set-offs of transportation or feeding (extortion) and massively punished for horses sold to killers, taken to Mexico to be slaughtered for meat and illegally gelded and illegally branded against the owner's wishes?

4) Whether the NM State and Federal Courts can criminally Order a US citizen not to file pleadings or represent himself, which violates US Code Title 18 Sections 241, 242, 1503, 1505, RICO, TREASON 2381, 2382, 2383, 3617, and the 1st, 4th, 5th, 8th, 13th, 14th, Amendments, with all participating parties of Judges and Justices in violation of the 14th Amendment Section 3, perjury of Oath, discharge of Canon, Code of Judicial Conduct and other egregious acts, to deliberately violate the Supremacy Clause Constitution Article VI, maliciously with deliberate intent to destroy all rule of law in defeating the United States Constitution Article Ill, wherein all New Mexico Courts have singled-out and targeted "Whistleblower" citizen David Derringer in denial of all rights to due process and equal protection, denying mandated won default judgments in 18 cases, obstructing appeals, denying hearings, holding conspiratory hearings against the Plaintiff ex-parte, denying paid-for jury, denying notices of appeal, and all court denials are done without stated reasons or authorities in: No. S-l-SC-39680, Court of Appeals No. A-I-CA-40690, 7th District Court: CV-94-10; CV-02-19, D-727-CV-2021-00028, 13th District Court: D-1314-CV-2021-00541 -Derringer v. Davis & Derringer v. State of New Mexico ete al., 2nd District Court: D-002-CV-2014-07755, CV-2022-03437, CV-2023-05227,

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CV-2023-07042, CV-2023-09203, CV-2023-09552, CV-2023-09874, CV-2024-00261, false criminal Complaints T-4-CR2023-002115 and T-4-CR-2023-003902 as a motive to jail and assassinate the Petitioner?

5) Whether a Judge can violate 18 USC 241, 242 and 1503 to Order a Plaintiff not to file any pleadings in response to Plaintiff’s Motion for Default Judgment, so as protect the invading Sinaloa Cartel RICO and felon involved NM State NMLB and other bribed employees, to rig the case for Defaulted Defendants continuing to file pleadings without standing and for the Judge and attorneys to then falsify the Plaintiff’s heading and leave out Defendants’ names in criminal acts so as to protect Defendants from the suits?

6) Whether either a State Judge or a Federal Judge in any US court can peruse and view court filings before having "jurisdiction" prior to filing, and then deny such filings by illegal Order to the court clerk not to file any Complaint or other legal court papers, imprisoning the citizen to

the public corruption under the meaning of the 13th Amendment, when they disclose public/judicial corruption, disclose proven judicial bribery, illegal Constitutional deprivations, criminal RICO acts, violations of Oath, deprivations of due process and equal protection and injustices perpetrated willfully by justices as done in New Mexico Courts and the 10th Circuit US District Court for the State of New Mexico?

7) Whether, a government law enforcement officer can do obstruction of justice, intimidation, file known false criminal complaint complaints in violation of NMSA 30-39-1 and penal code 118.1, and then steal $79,200,000.00 Million dollars in livestock from private lands without any jurisdiction, in grand larceny without forfeiture claim, without any statutory authority, without warrant, without any court order, without any due process or equal protection, without statutory immunity, and without probable cause, because he has a badge and gun, and illegally sell the

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horses to killers and keep the money received, in revenge, retaliation, and retribution of being Defendants in former multiple Civil suits of the Petitioner/Plaintiff, in direct treason collusion with the invading Mexican National Sinaloa Cartel RICO operations by mis-use of authority, badge and firearm so as leaving a citizen with no way to stop the crimes?

8) Whether the State of New Mexico can still receive federal funds when all three branches of State government deny all US and NM Constitutions, all statutes, all case law and defeat court rules and rule of law, when additionally taking drug money bribes of the invading Mexican National Sinaloa Cartel and maliciously attacking citizens that expose the extreme public corruption, involving RICO racketeering?

9) Whether judges, governors, NM State employees, New Mexico Livestock Board, and law enforcement that violate RICO willfully while in judicial and government employee capacity are "above the law" and can use their judicial power and position to undermine the rule of law and integrity of the judicial branch of government under the parameters of the US Constitution Section I Article Ill, and not be prosecuted for RICO, sedition and treason against the United States of America pursuant to the 14th Amendment Section 3 and US Code Title 18 Section 2381, 2382, and 2383?

10) Whether the State of New Mexico can continue to misuse federal and state funding to use against the citizens ie. having state tax paid attorneys falsely and illegally embezzle public money to represent select individual private citizens (moonlighting as state employees) doing RICO horse rustling and criminal acts against citizens privately, when such citizen is attacking citizens posing as a public employee misusing his badge and gun for RICO ACTS in collusion and complicity with the Sinaloa Cartel, and undermining the Constitution Section I Article 111?

11) Whether any judge, after being "recused for cause" of Constitutional, Rules of Civil

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Procedure, Oath violations, bias, prejudice and other vile acts against the rule of law, can continue to preside over the case holding ex-parte hearings without the Plaintiff and without jurisdiction and judicial capacity in fundamental error and jurisdictional defect and ignore all Plaintiffs motions, in order to "rig" the case for Defaulted Defendants to win in violation of US Code Title 28 Section 453 and 455 in perjury of Oath, and deprive due process and equal protection to forcefully subject Derringer to involuntary servitude in violation of the 13th Amendment and against mandates for due process and equal protection with a "fair and impartial judiciary" under the 4th, 5th, and 14th Amendments?

12) Whether the United States Supreme Court will exercise "superintending control under an extraordinary writ" to stop the treason, mis use of power and public corruption over the entire judiciary of the State of New Mexico and the 10th Circuit US District Court for the District of New Mexico and report to authorities to investigate treason, arrest, and prosecute all involved judges, administration, state agencies and state employees for direct and proven conspiracy, collusion, treason, and aid a Communism coup plot to use the invasion of enemies of the Sinaloa Cartel as a weapon and tool against the citizens of the United States to overthrow the Constitution Section 1 Article Ill for deprivations in conspiracy against Constitution, and violations of Oath, Canon, Judicial Standards, criminal acts of RICO and state and federal criminal code and remove all involved in these atrocities against justice to mandate actions to save the integrity of the Article Ill from destruction by the secession from the Union by the 3 branches of State government of New Mexico?

THE WRIT WILL BE IN AID OF THE COURT’S APPELLATE JURISDICTION

The Petitioner's situation is where the entire three branches of State of New Mexico Government

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and all state agencies are willfully bribed and involved as rogue insurrectionists in a coup against America, constituting secession of New Mexico with absolute sabotage and destruction of Article III, with the action of facilitation and solidarity in treason with the enemy invading Mexican National Sinaloa Cartel. New Mexico has withdrawn formally from membership of the United States Constitutional Republic, with open NM/Mexico borders, as NM is now owned by the Sinaloa Cartel, and facilitation of the collusion of the British aiding the takeover of America by the English Barclays Bank ownership of NM Bernalillo County “Santolina” private property as the staging area of RICO racketeering Sinaloa Cartel operations in New Mexico for horse rustling, drug trafficking of fentanyl, methylamphetamines, cocaine, human trafficking, and minor illegal children provided to NM elite politicians, and judge pedophiles and hebephiles, prostitution  and  other RICO activities. The Judiciary has destroyed Article III to block all due process and equal protection by any means of Ordering no use of the courts, When Petitioner sues, the Judges ex-parte inform the Defendants of no need to Answer as the case will be rigged to protect Defendants and the RICO operations of the Sinaloa Cartel, and when the Petitioner files properly for DEFAULT judgment, multiple judges team up in concert to Order Petitioner to not ever use the United States Courts to file lawsuits, and further Ordering no ability to file pleadings, notices, court papers under threat of jail and assassination plot, and Order the Petitioner never to use any Court as pro-se representation, censorship of 1st Amendment. The carbal coup is hand selecting corrupt judges to stay on cases when recused, embezzlement of paid Jury fees and denial of any trial, violation of all Constitution, statutes and case law, rigging cases for Defendants with ex-parte agreements that Defendants don’t have to Answer Complaints and then ignoring Defaults, obstruction of justice and intimidation of Plaintiffs in judicial terrorism, and more extreme treason. As judicial standards is owned by the

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corruption, there is no stopping the judges’ mis-use of power. These matters should be monumental concern to the US Supreme Court as the NM government and all employees are connected to the foreign enemies of the United States by bribery and political agendas to use the current invasion of Sinaloa Cartel and 170 other countries against We the People while corrupt government protects the invaders and felonious state employees. Rogue and unethical judges have taken over the Judiciary branch, making all decisions against Constitution, statues and case law, making their oath superfluous and rendering Article Ill entirely moot. This Petition will greatly aid and inform the US Supreme Court on any appeals coming before the Supreme Court, of the Democratic "blue" states, insurrections by means of defeating the US Constitution Article Ill, and how State officials, Judges and State employees have now infiltrated the entire system in sedition, saturating all local, state, law enforcement, and state agencies. It is noted that in New Mexico, all Congress House, Senate representatives are Democrats, all majority of Legislature is Democrat, the Governor is Democrat, the NMAG is a George Soros bribed Democrat, all law enforcement are Democrats. There is no possible government of agency to go to for redress of the RICO operations, with now total government control, both owned and bribed by the invading Mexican National Sinaloa Cartel and 170 + other countries including Britain-UK-England, (Barclays Bank) with foreign terrorists "welcome" in New Mexico for destruction of the United States. This now translates to no "rule of law" in Judge rulings by personal opinions, political agendas, and "invader protection" against all laws for the continued use of New Mexico to facilitate, aid, abet and gain $ Millions of dollars of the invading Mexican National Sinaloa Cartel bribes to public officials and judges. This is also coupled with the New

Mexico Judiciary and public officials' themselves as users of cocaine, methylamphetamines, fentanyl, slavery and rape of many of the 85,000-missing illegal-unaccompanied minor children

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aliens, by the vast pedophiles of NM public service, attorneys and domestic terrorists now in and infiltrating New Mexico. When Judges deliberately deny jury, with no trials or valid hearings, while embezzling the $150.00 fee and deny evidence, witnesses and rig the cases to simply ignore that the Defendants never answered, (or knew they didn't have to answer; DEFAULT) and still the Plaintiff is granted no Default judgments, no justice, the entirety of America as defined by the Founders has already become extinct. A distinct pattern is clearly illustrated against the Petitioner showing in 18 cases, and 32 years of the Plaintiff’s life ruined by the Defendants deliberately don’t Answer the Complaint to keep out and conceal as much information as possible from records in DEFAULT, wherein the Judges not only ignore the Motions for DEFAULT to obstruct justice, but deliberately refuse to make any Order to leave the case in limbo to defeat the appellate process, with no written Order from which to Appeal as destruction of Article III. It is clear the entire government of the State of New Mexico is involved (by notice of “pattern” now 18 Derringer law suits), wherein no state employee, as working felons directly with the invading Mexican National Sinaloa Cartel, has been arrested or fired and continues corrupt state employment with facilitation of all RICO racketeering of horse rustling, drug and human trafficking, prostitution, murders, burglaries, abductions, pedophile abuse of illegal migrant (invaders) and domestic minor children, and other depredation and debauchery. These acts by all employees and officials of New Mexico are wherein at the least the State of New Mexico has “knowledge” of all RICO racketeering by the Derringer Complaints filed with all New Mexico Courts, wherein thus all felony RICO acts and facilitation of the willful open border unpatrolled and uninhibited for the Sinaloa Cartel is purposeful and malicious to destroy America by INTENT. The NMLB with the Sinaloa Cartel and support of all NM Government have now stolen 792 + Derringer $79,200,000.00 value cherished horses, (ongoing) trained

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working “trade-tool”, breeding, companions, pets, illegally stolen in grand larceny (NMSA 30-16-1) and illegally sold and kept sales money profit from Derringer’s personal property (NMSA 30-16-11) as ongoing crimes to murder and butcher these treasured personal property of Derringer to be sold for meat in pure satanic, vile, evil acts just enabled as government has a badge and gun, with no one to stop them, with the criminals keeping all money from the sales of the Petitioner’s own property horses; ongoing terrorism without redress or injunction. EMERGENCY EXCEPTIONAL CIRCUMSTANCES WARRANT THE EXERCISE OF

THE COURT’S DISCRETIONARY POWERS.

Clearly, with Governor Michelle Lujan Grisham deliberately and maliciously absolutely keeping the New Mexico/Mexico border wide open and removing the New Mexico National Guard of previous protection, and her penchant of serious Congressional concern attempting to "disarm New Mexico citizens", in absolute violation of the 2nd Amendment and perjury of oath, and yet not held accountable, speaks volumes of the failure of every aspect of NM government corrupted by drug bribery. Both the United States and the New Mexico Constitution are being ravished, not due to the foundation, but the vile persons entrenched in public authority, with the audacity to claim the title "honorable" with no agency to stop them. These acts of judges and public officials are not inadvertent error, but treason and facilitation not only under the 14th Amendment Section 3, but criminal 18 USC 2381, 2382, 2383, (treason) and the most egregious threat to National Security. The NM government protects felonious employees, and has attempted weaponizing the criminal courts, falsely arresting and imprisoning the Petitioner for exposing the vast public corruption as a whistleblower, domestically terrorizing and persecuting the Petitioner in hate crimes, by stealing and mutilating Petitioner’s horses, stealing real property and water rights, and domestic and foreign Sinaloa Cartel RICO terrorism to intimidate

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the Petitioner in Communist oppression and tyranny. There is Judicial fraud on the court, criminal destruction and falsifying of court documents and illegal Orders against the Petitioner not to file legal pleadings. This makes Petitioner’s constant legal 18 legal Civil Suits for redress, and defense of false known felony government tyranny defeated, with NM forcing a weaponization of the criminal court attempts against the Petitioner. When the Petitioner was trying to use a fair and impartial judiciary for “justice”, “replevin”, “restitution”, “reparations” and “injunctions”, the judges stole the jury fee, denied and ignored a trial, and presided when already recused. All New Mexico law enforcement has been bribed, by the DHS defined $32 Million dollars a week produced by the Sinaloa Cartel in all RICO racketeering acts in New Mexico with “British” (Barclays Bank of England) staging area Bernalillo County “Santolina” protected by the Governor and all agencies thereunder, not just limited to the extreme attack against the Petitioner, that is now ongoing for "32 years". The NM city of Albuquerque and "sanctuary County of Bernalillo" is in the top 5 US cities with the highest crime of drugs, fentanyl death, rape, pedophilia, prostitution, gun-running by the actual Bernalillo County Sheriff Manuel Gonzales III, car theft and other debased and criminal acts rampant. Records will easily show that almost all Government employees in New Mexico from the Governor down to the local "dog-catchers" are registered Democrats. As the National corruption is indicated, this is absolutely a coup against America to take over the US to a state of Communist dictatorship, as infiltration, already endemic in New Mexico of the Democrat party is now complete with full control of all three branches of government, Executive, Legislative and Judiciary, with Judicial Standards and Disciplinary Board meaningless, controlled for protection of errant judges and lawyers. The Petitioner has been as whistleblower for the past 32 years, wherein the Petitioner is endeavoring to persevere as a singled-out, discriminated

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against, targeted individual being relentlessly attacked in hate crimes in all matters by both the  State protected Sinaloa Cartel; while being denied all due process, equal protection, and wherein all State agencies, all law enforcement, and NM courts deny any protection or redress for the safety of the Petitioner. The Sinaloa Cartel is working directly with the New Mexico Livestock Board as a RICO racketeering horse rustling operation in New Mexico grossly attacking the Petitioner, whereas over the last 4 years the NMLB/Sinaloa Cartel have stolen in larceny (NMSA 30-16-1) over 792 + (ongoing) Derringer horses of lifetime value of over $79,200,000.00 plus extreme torts, an murdered the Derringer horses causing extreme emotional distress and mental anguish, ruining not only Derringer’s life, but destruction of Derringer’s income, happiness and liberty. These satanic acts are all for personal and political gain of the State of NM and all agencies and employees involved, while submitting to the Sinaloa Cartel protection bribes. Domestic terrorism is forced upon the Petitioner by the NMLB and Sinaloa Cartel, as literally armed robbery, aggravated assault, wherein the citizen has no ability to stop the government agencies involved, even watching the crime, as the NNLB has arrested the Petitioner and illegally imprisoned the Petitioner when legally trying to save his own personal property horses from the NMLB and Sinaloa Cartel, with more threats to further arrest or shoot to kill the Petitioner for attempting under Constitutional 5th Amendment, and 42 USC 1982, to protect his own personal property horses. NM State, by use of the NMLB opens the Pajarito/Santolina fence, uses 4-wheelers to illegally herd Derringer horses onto the British (England Barclays Bank) “Santolina” RICO staging area, and then traps the Derringer horses in permanent corrals on the “Santolina” in larceny. (Benavidez corrals North of Grant Rd.) The NMLB then steals Derringer horses and sells the stolen property NMSA 30-16-11, and keeps

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the money if profit from the Mexico meat packers, in fraud against unsuspecting NM citizens, and the Sinaloa Cartel is using some horses as pack animals for drug and human trafficking through remote areas of New Mexico, Texas, Arizona, California without roads in concealment. Examples of Derringer exclusive ownership of Derringer horses and undeniably ownership of all mare offspring, regardless of who has adverse possession of the stolen horses. With extreme mis-use of power and authority, only available in public corruption, as clothed under NM State law, the NMLB hires domestic terrorists' assistants and Cartel thugs to rope and herd and load/trailer the Derringer horses on private lands, with not possible jurisdiction. The NMLB and felon agent inspectors have with no possible jurisdiction and simply are felon RICO horse rustlers, with no legal herd district to claim false possible jurisdiction of the NMLB to be there on exclusively private lands of both the Pajarito and Santolina, with embezzlement of tax dollar funds, and use of public-paid trucks and trailers to steal horses. The NMLB then knowingly lies (NMSA 30-39-1) to court and public records that the horses are in “trespass”, PROHIBITED claims under NMSA 77-14-3(A). The NMLB, with all state protection, defies and violates all forfeiture acts NMSA 31-27-4 by stealing horses in terrorism with no conviction, no jurisdiction, no probable cause, no due process or equal protection and no court order, and “prohibited” to claim trespass on private lands with no NMLB jurisdiction. The NMLB Simply has stolen in grand larceny 792 + ongoing known Derringer horses and sells them for personal profits, murdering Derringer’s pets in satanic act that Derringer cannot stop, since the Courts don’t work in New Mexico. The horses are not subject to forfeiture, and the State of NM cannot prevail as all acts are criminal by NM rogue government. Time after time, in Derringer’s 18 Civil suits, Petitioner has gone to the Courts seeking a TRO and permanent injunction, and had gone to the New Mexico Supreme Court for a “Writ of Superintending Control” whereas the

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New Mexico Supreme Court “knowingly” ignored the underlying cases of fundamental error and jurisdictional defect, maliciously on purpose to deny the Petitioner all justice to protect the invading Sinaloa Cartel. The motive is the Sinaloa Cartel being the supply for judges’s cocaine and minor children for the pedophiles. The NMSC also falsified the court record in criminal acts to cover it up in their Order, compared to the original Petition for Superintending Control and denied the Petition with no stated reasons or authorities. All NM judiciary is involved to deny any protection for the Petitioner, deliberately thus "knowingly facilitating" the continuing horse larceny and other crimes against the Petitioner "deliberately in malicious deprivation of rights". 18 USC 241, 242.. Satanic, oppressive, and tyrannical government is simply attacking and terrorizing Derringer for exposing the NM public corruption as a whistleblower to show others similarly situated the wrath of government without citizen submission to forced oppression. NNLB goes onto exclusively private property of both the Pajarito and Santolina (west mesa, Albuquerque, New Mexico) private lands where the large herds of exclusively Derringer horses are legally grazing designated "open range" on the Pajarito (NM Ct. App. No. 12-8853), illegally baits the Derringer horses in locations away from the Derringer residence with hay and salt blocks, uses portable horse panels, illegally herds them into trailers and steals them by government officials in criminal larceny felonies "per horse", and herds them with 4-wheelers onto the RICO Sinaloa Cartel racketeering operations on the Santolina, with hundreds of other appurtenant criminal acts associated with. Such criminals are all employees of the NNLB, particularly Darron "Shawn" Davis, Francisco "Cisco" Lovato, Justin Gray, Manuel Monte, Belinda Garland, George Mendoza, and many Sinaloa Cartel non-citizen terrorists accompanied by State-paid American subversives as domestic terrorists. This is treason working with invading Sinaloa Cartel "enemies of the State" 18 USC 2381, 2382, 2383, as the very same

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Sinaloa Cartel that drove Derringer from his legal ranch and attempting to murder Derringer. The NNLB then writes false and fraudulent bills of sale, NMLB inspectors simply keep some horses for their own, and sells the known Derringer horses to be murdered for meat “horse killers” in Texas, Oklahoma, Mexico, or sell to the unsuspecting public as criminal felonies under NMSA 30-16-11, and some are murdered by the NMLB and thrown at the Derringer residence for terrorism and intimidation. [Exhibit 7] Cherished Derringer' s pets and Derringer's working "trade tools" as outfitter and breeding horses. and well-trained Derringer horses are illegally sent to Mexico for slaughtering for meat The NMLB, has always admitted that the stolen Derringer horses were "Derringer horses", and "Pajarito horses". Despite Derringer’s providing the NMLB with proof of ownership of their larceny by bills of sale, registration certificate numbers per horses, historical birth photos, and Derringer signed notarized affidavit, not one single horse of the now stolen 792 + is ever returned. The NMLB uses their domestic terrorist "mule", Benjamin Benavidez Jr. whose contends a false alleged claim of a Santolina grazing permit while proven under breach of contract, as a Sinaloa Cartel private citizen “delegated” by government NMLB to initially steal horses known and condoned by RICO horse rustling Santalina property owner British Barclays bank. The NMLB then comes onto exclusively private Santolina lands with state trucks to “re-steal” the known Derringer horses in government RICO operations on the Santolina RICO staging area property. NMLB simply re-steals Derringer horses already stolen by Sinaloa Cartel admitted horse rustler Benavidez Jr. (See Benavidez Jr. Answer Jan. 21, 2015 CV-2014-07755) without the arrest mandated under NMSA 29-1-1, 77-9-22(F) from the so-called "Benavidez corrals North of Grant road". NMLB then illegally sells known stolen Derringer’s stolen horses and pockets the money, as multiple felonies per horse of now 792 + Derringer horses values at $79,200,000,00. This is defying all

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law of NMSA 29-1-1, and the statutory mandates to arrest their Sinaloa Cartel mule Benavidez Jr. for larceny by NMSA 77-9-22(F) and immediately return the Derringer admitted horses NMSA 29-1-2. NMLB cannot falsely claim they are "estray" horses since they E-mail often in domestic terrorism only owner David Derringer and to no other in NM of NOTICES of stealing and adverse possession of known Derringer horses. The NMLB are illegally trespassing on the Santolina, while quoting the very Statute prohibiting the fraud of claims of trespass NMSA 77-14-3(A) for their claim of jurisdiction of stealing horses. To stop Derringer recovering his horses, NMLB Manuel Monte and Justin Gray knowingly filed false criminal complaints against Derringer as retaliation of Derringer's suits against them, (false criminal Complaints T-4-CR-2023-002115 and T-4-CR-2023-003902) as a motive to jail and assassinate the Petitioner) after Derringer had already sued Manuel Monte, Justin Gray, George Mendoza, Daron “Shawn” Davis, Francisco “Cisco” Lovato prior now multiple times. The weaponizing the Courts, by the NMLB against Derringer plus illegal arrest, prison without any legal service of T-4-CR-2023-002115, and without any warrant, are to intimidate Derringer to stop Derringer’s legal Civil suits. The NMLB then withdraws the known false Complaint by Nolle Proseque and keeps the known Derringer stolen horses ignoring the extreme damages to Derringer of false arrest, prison and torts. Judge Torres in collusion, despite withdrawal of the Complaint deliberately allows the NMLB to keep the stolen horses and illegally sell them and keep the money, making $ Millions from Derringer’s stolen horses without any prosecution in protection by the corrupt judge.

ADEQUATE RELIEF CANNOT BE OBTAINED IN ANY OTHER FORM OR FROM ANY OTHER COURT

The NMAG (former Bernalillo County District Attorney Raul Torrez) has admitted "with pride"

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taking a $100,000.00 bribe from international Communist George Soros to use Raul Torrez's position of power to destroy America, and phone complaints of Derringer are hung-up, written criminal complaints filed on the NMAG web page are ignored showing Torrez also is taking Sinaloa Cartel bribes for their protection. Bernalillo County Sheriff Office, who admitted to felonies under 18 USC 922 are illegally and directly purchasing fully automatic firearms from the Sinaloa Cartel by circumventing mandated regulations of the ATF for a "Class-3" weapon, and "ordered" Derringer not to ever call 911 again, as the recorded Derringer calls show the refusal of duties to protect Derringer from the criminal domestic terrorism of the NMLB with the Sinaloa Cartel. BCSO will not arrest or recover any known Derringer livestock horses as mandated under NMSA 29-1-1 and 29-1-2. The Bernalillo County Sheriff, nor the Bernalillo County Commissioners refuse to meet with Derringer and refuse to investigate the larceny felonies of the NMLB State employees despite the proof of the NMLB’s own "Notices" of larceny. Derringer has gone to the US Attorney DOJ for the District of New Mexico, the FBI, the DHS, and E-mailed the Pentagon over the treason. Derringer has gone to the New Mexico State Police, that told Derringer "you aren't welcome here, we won 't help you, you need to leave New Mexico or we will have you "removed". (translated to a death assassination threat) Judges Fitch, Pope and Ortega have put out "hit" attempts wherein Derringer has survived at least 6 attempts of assassination that were real. Derringer has contacted the Governor that will not help with full "knowledge". Petitioner Derringer has sued all and been ordered not to ever use the United States Courts again in the present cases or in the future. Derringer has a web site with this corruption at: https://d2bowman4570.wixsite.com/notices/blog    that informs the world of this treason and public corruption. The Petitioner has exhausted every possible means, and now has had real property taken and stripped, all personal property taken, over 792 + horses

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murdered, and no one held accountable. This constitutes very extreme and exceptional circumstances that absolutely warrant the US Supreme Court's discretionary powers, and the Court will see, the Petitioner has exhausted every possible remedy to be defeated by the extreme corruption, treason, RICO bribery, Democrat political coup and agenda to destroy America, with no help and deliberate sabotage of the US Constitution Article Ill and extreme threats to US National Security. Expressly exposing the egregious violations of all law will shock the conscience of any reputable Justice. The secession of the State of New Mexico from the Union is by denial of all US Constitution, New Mexico Constitution, statutory law, case law by RICO racketeering judiciary involvement in treason by providing protection for the invading Mexican National Sinaloa Cartel by taking drug and human trafficking bribery money designed for vehicle use of the Cartel crimes to subjugate citizens in a Communist Democratic insurrection coup against the United States is sustained by what is happening to this targeted whistleblower Petitioner. Coming to the US Supreme Court is the last resort and last line of defense that will possibly save the Petitioner from assassination. Petitioner immediately needs an injunction, by Order of PROHIBITION, ordered replevin of the now, and ongoing larceny of 792 + plus Derringer horses, and extreme restoration, reparations of the hundreds of murdered Derringer cherished horses with extreme Derringer emotional distress and return on the Derringer stolen real estate and water rights

LIST OF AFFECTED PARTIES

State Of New Mexico, New Mexico Supreme Court, 2nd District Court, 7th District Court, 13th District Court, Us District Court 10th Circuit For The District Of New Mexico, New Mexico Livestock Board, New Mexico Office Of The State Engineer, John D’Antonio, Wayne Canon, Mickey Chapel, Jennifer Chapel, Benjamin Chapel, John Chapel, Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Belinda Garland, Manuel Monte, George Mendoza.

r

In the proceedings below, Party David Derringer hereafter may be referred to as the

Petitioner representing himself Pro-Se In Re: David Brian Derringer. 

As simultaneously filed, the ADDENDUM EXHIBITS provided attached are appurtenant to all the content of the Petition for Extraordinary Writ for Mandamus and Prohibition.

TABLE OF CONTENTS                                                                                                          Page

Questions Presented (a-f) _____________________________________________________ a

The Writ Will Be In Aid Of The Court’s Appellate Jurisdiction _______________________f

Exceptional Circumstances Warrant the Exercise of The Court’s Discretionary Powers _____j

Adequate Relief Cannot Be Obtained In Any Other Form Or From Any Other Court _______p

List of Affected Parties ________________________________________________________r

Table of Contents ____________________________________________________________s

Table of Authorities___________________________________________________________t

OPINIONS BELOW _________________________________________________________ 1

JURISDICTION _____________________________________________________________1

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED _________________9

STATEMENT OF THE CASE _________________________________________________11

REASONS FOR GRANTING THE PETITION ___________________________________ 20

CONCLUSION _____________________________________________________________22

REQUEST FOR RELIEF _____________________________________________________26

CERTIFICATE OF COMPLIANCE ____________________________________________ 39

CERTIFICATE OF SERVICE _________________________________________________39

VERIFICATION ___________________________________________________________ 39   

s

t

TABLE OF AUTHORITIES CITED

CITATIONS SUPPORTING IN RE; DAVID BRIAN DERRINGER IN THE UNITED STATES SUPREME COURT

United States Constitution

New Mexico Constitution

NMSA 29-1-1

NMSA 29-1-2

NMSA 30-16 1

NMSA 30-16-6

NMSA 30-16-8

NMSA 30-16-11

NMSA 30-18-1

NMSA 30-26-1

NMSA 30-39-1

NMSA 77-9-22(F)

NMSA 77-14-3(A)

NMSA 77-16-1

NMSA 77-16-4

NMSA Penal code 118.1

US Code Title 18 Section 96 RICO was enacted by Title IX of the Organized

Crime Control Act of 1970 ( Pub.) US Code Title 18 Section 47

US Code Title 18 Section 152(8)

US Code Title 18 Section 241

US Code Title 18 Section 242

US Code Title 18 Section 641

US Code Title 18 Section 922

US Code Title 18 Section 1341

US Code Title 18 Section 1361

US Code Title 18 Section 1503

US Code Title 18 Section 1505

US Code Title 18 Section 1506

US Code Title 18 Section 1510

US Code Title 18 Section 1512

US Code Title 18 Section 1513

US Code Title 18 Section 1519

US Code Title 18 Section 2381

US Code Title 42 Section 1981

US Code Title 42 Section 1982

US Code Title 42 Section 1983

US Code Title 42 Section 1985

US Code Title 42 Section 1986

US Code Title 42 Section 3617

US CONSTITUTION SUPREMACY CLAUSE ARTICLE VI

14th Amendment Section 3

1ST, 4TH , 5TH, 8TH, 9TH, 10TH, 13TH, 14TH, Amendments

US Code Title 28 Section 455

Declaration of Independence

Act of 1989 Whistleblower Protection

Act of July 20, 1892, Ch. 209, 27 Stat. 252 (codified as amended at 28 U.S.C.

 1915 (1982)).

US Supreme Court decisions,

1469 Screws v. U.S. Supreme Court of the United States May 07, 1945 325 U.S.

91 65 S. Ct. 1031

268 U.S. 619 45 S. Ct. 621

Alden v. Maine Supreme Court of the United States June 23, 1999 527 U.S. 706

119 S. Ct. 2240

America (UAW-CIO) Supreme Court of the United States March 1 1, 1957 352

U.S. 567 77 S. Ct. 529

American Communications Ass'n, C.I.O., v. Douds Supreme Court of the United

States May 08, 1950 339 U.S. 382 70 S. Ct. 674

Anderson v. U.S. U.S. W. Va.1974 94 S. Ct. 2253, 417 U.S. 21 1, 41 L.Ed.2d 20

Armstrong v. United States, 364 U.S. 40 (1960) No. 270

Austin v. Michigan Chamber of Commerce Supreme Court of the United States

March 27, 1990 494 U.S. 652 110 S. Ct. 1391

Bank of Nova Scotia v. US 108 S. Ct. 2369, 487 US 250, 101 L.Ed.2d 228 on remand    

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Barry v. Barchi Supreme Court of the United States June 25, 1979 443 U.S. 55 99 S.Ct.2642.

Boddie v. Connecticut Supreme Court of the United States March 02, 1971 401

U.S. 371 91 Sect. 780

Borough of Durvea, Pa. v. Guamieri Supreme Court of the United States June 20, 201 1 131 S.Ct. 2488 201 1 w 2437008

Brown v. Hartlage Supreme Court of the United States April 05, 1982 456 U.S. 45

102 S. Ct. 1 523

Cipollone v. Liggett Group, Inc. Supreme Court of the United States June 24, 1992 505 U.S. 504 1 12 S. Ct. 2608

Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958)

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Court of the United States June 17, 1976 426 U.S. 572 96 S. Ct. 2264Elrod v. Burns

Supreme Court of the United States June 28, 1976 427 U.S. 347 96 S. Ct. 2673

Emspak v. U.S. Supreme Court of the United States May 23, 1955 349 U.S. 190 75 S. Ct. 687

Examining Bd. of Engineers, Architects and Surveyors v. Flores de Otero Supreme

Ct F.3d 1253, cert. denied 1 18 Supreme Court 214, 139 L.Ed.2d 148

Federal Election Com'n v. Colorado Republican Federal Campaign Committee

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First Nat. Bank of Boston v. Bellotti Supreme Court of the United States April 26, 1978 435 U.S. 765 98 S. Ct. 1407

Forrester v. White, 792 F.2d 647 cert granted 107 S. Ct. 1282, 479 US 1083, 94

L.Ed.2d 140 reversed 108 S. Ct. 538, 484 US 219, 98 L.Ed.2d 555 on remand 846

F.2d 29

Fuentes v. Shevin, 407 U.S. 67, 92 S. Ct. 1983, 32 L.Ed.2d 556 (1972)

Gravel v. U. S. Supreme Court of the United States June 29, 1972 408 U.S. 606 92 S. Ct. 2614

Griffin v. Griffin Supreme Court of the United States February 25, 1946 327 U.S. 220 66 S. Ct. 556

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56 92 S. Ct.

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L.Ed.2d 577 appeal after remand 878 F.2d 186

Mireless v. Waco, 502 U.S. 9, 1 16 S. Ct. 286, 1 12 L. Ed.2d 9 (1991)

Monroe v. Pape Supreme Court of the United States February 20, 1961 365 U.S. 167 81 S. Ct.

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Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc. Supreme Court of the United

States April 05, 1999 526 U.S. 344 119 S. Ct. 1322

Mutual Pharmaceutical Co., Inc. v. Bartlett Supreme Court of the United States June 24, 2013 133 S. Ct. 2466 2013 WL 3155230

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Owen v. City of Independence, US Supreme Court 445 US 622 (1980) No. 781779

Parratt v. Taylor,451 U.S. 527, 101 Supreme Court 1908, 68 P.Ed.2d 420 (1981)

Phillips v. Washington Legal Foundation, 1 18 S. Ct. 1925 U.S. Tex., 1998

Pliva, Inc. v. Mensing Supreme Court of the United States June 23, 2011 131 S. Ct. 2567 2011 WL 2472790

Prei Inc. v. Columbia Pictures 508 U.S. 49, 113 S. Ct. 1920, 1925, 123 L. Ed. 2d 611 (1993)

Printz v. U.S. Supreme Court of the United States June 27, 1997 521 U.S. 898 1 17

S. Ct. 2365

Rice v. Rice Supreme Court of the United States April 18, 1949 336 U.S. 674 69 S.

Ct. 751 Robertson v. Railroad Labor Board Supreme Court of the United States.

June 08, 1925

Ruis v. US, 113 S. Ct. 985, 506 US 1055, 122 L.Ed.2d 137

S. ct. 77, 340 U.S. 849, 95 L.Ed 622 affirmed 71 S. Ct. 581, 341 U.S. 70, 95 L.Ed 758

Sandin v. Conner 515 US 472 - 1995 - United States Supreme Court - Cited by 8158.

Scales v. U.S. Supreme Court of the United States June 05, 1961 367 U.S. 203 81

S. Ct.

Settlemier v. Sullivan Supreme Court of the United States October 01, 1878 97 U.S. 444 7 Otto 444

Shapiro v. Thompson Supreme Court of the United States April 21, 1969 394 U.S. 618 89 S. Ct. 1322

Shucher v. Rockwood, 846 F.2d 1202 rehearing denied, cert denied 109 S. Ct. 561, 488 US 995 102 L.Ed.2d 587

Smith v. US CCA8 (MO) 1907 157 F.721, 85 CCA 353 Cert denied 28 S. Ct. 569, 208 US 618, 52 L.Ed 647

Supreme Court of the United States April 30, 1951 341 US 123 71 S. Ct. 624 Supreme Court of the United States April 30, 1951 341 US. 123, 71 S. Ct 624

Supreme Court of the United States February 25, 1946 327 US 220 66 S. Ct. 556 Supreme Court of the United States June 1, 1931 283 US 697 51 S. Ct. 625

Supreme Court of the United States June 17, 1976 426 U.S. 572 96 S. Ct. 2264

Supreme Court of the United States June 23, 1999 527 U.S. 706 1 19 S. Ct. 2240

Supreme Court of the United States June 24, 1992 505 U.S. 504 1 12 S. Ct. 2608

Supreme Court of the United States June 23, 201 1 131 S. Ct. 2567 2011 WL

2472790 Supreme Court of the United States June 24, 2013 133 S. Ct. 2466 2013

Supreme Court of the United States June 24, 2013 133 S. Ct. 2466 2013 WL 3155230 Supreme Court of the United States June 23, 2011 131 S. Ct. 2567 2011 WL 2472790

Supreme Court of the United States June 25, 1979, 443 U.S. 55 99 S. Ct. 2642 Supreme Court of the United States May 17, 2004 541 US 509 124 S, Ct. 1978. Supreme Court of the United States June 25, 1979, 443 U.S. 55, 99 S. Ct. 2642

Supreme Court of the United States June 27, 1997 521 U.S. 898 1 17 S. Ct. 2365

Supreme Court of the United States June 29, 1972 408 US 606 92 S. Ct. 2614 Supreme Court of the United States March 23, 2010 559 U.S. 260 130 S. Ct. 1367 Supreme Court of the United States May 07m 1945 325 US 91 65 S. Ct. 103 1 Supreme Court of the United States May 23, 1955 349 U.S. 190, 75 S. Ct. 687

Telman v. US 67 F.2d 716 cert denied 54 Supreme Court 860, 292 U.S. 650, 78 L.Ed 1500

Tennessee v. Lane Supreme Court of the United States May 17, 2004 541 U.S. 509 124 S. Ct. 1978

Tyus v. Martinez, 106 Supreme court 1787, 475 US 1138, 90 L.Ed.2d 333 on remand 800 F.2d 230

U.S. v. Brenson, 104 F.3d 1267, rehearing denied 1 13 F.3d 1253, cert. denied 1 18 Supreme Court 214, 139 L.Ed.2d 148

U.S. v. Cuesta, C.A. 5 (Fla.) 1979 597 F.2d 903 cert denied 100 S. Ct. 451, 444 US 964, 62 L.Ed.2d 377 cert denied 100 S. Ct. 452, 444 US 964, 62 L.Ed.2d 377

U.S. v. International Union United Auto., Aircraft and Agro Implement Workers S. Ct

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

U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980)

U.S. v. Wilson, C.A. 4 (W. Va.) 1986 796 F.2d 55, on remand 640 F. supp. 238 cert denied 107 S. Ct. 896, 479 US 1039, 93 L.Ed.2d 848

United States v. Burr, 25 F. Cas. 30, 35 (No. 14,692d) S. Ct. (CC Va. 1807) (Marshall, C.J.). Supreme Court

United States v. Colorado Supreme Court, No. 98-1081, 1 0 th USCA

United States v. Taylor, 487 U.S.326, 108 S. Ct. 2413, 101 L. Ed. 2d 297,56

U.S.L.W. 4744

United Student Aid Funds, Inc. v. Espinosa Supreme Court of the United States

US Supreme Court in US Supreme Court No. 10-1521

US v. Guest, US Ga. 1966, 86 S. Ct. 1170, 383 US 745, 16 L.Ed.2d 239

US v. Kozmisnski, U.S. Mich 1988 108 S. Ct. 2751 487 U.S. 931 101 L.Ed.2d 788 on remand 852 F.2d 1288

US v. Miller, 161 F.3d 977 cert denied Byrnes v. US 1 19 Supreme Court 1275, 143 L.Ed.2d 369 "CA6 (Mich.)

US v. Risken, 788 F.2d 1361 cert. denied 107 Supreme Court 329, 479 US 923, 93

L.Ed.2d 302 "18 USCA 1512

Village of Willow brook v. Olech, 528 US 562, 120 Supreme Court 1073 (2000)

CASE LAW:

NM Ct. App. 1979) cert denied 94 N.M. 628, 614 P.2d 545 (1980)

 NM Ct. App. 2012 77-16-1 FENCE THEM OUT No. 12-8853

1 13 S. Ct. 2429, 508 US 945, 124 L.Ed.2d 650,101 L.Ed.2d 788, on remand 852 F.2d 1288, 118 cong. Rec. 7168 (1972), 513 U.S. 941, 130 L.Ed.2d 303 cert denied, 640 F. supp. 238 cert denied 107 S. Ct. 896, 479 US 1039, 93 L.Ed.2d 848, 67 L.Ed.2d 769 rehearing denied 101 S. Ct. 3100, 452 US 955, 69 L.Ed.2d 965, 90

L.Ed,2d 333 on remand 800 F.2d 230, 901 P.2d 761 NM App. 1995

Adamson v. C.I.R. CA9 1984, 745 F.2d 541

Addington (Page 9) Farmer's Elevator Mutual Insurance, 650 F.2d 663, 668 (5th Cir. 1981) (quoting Hazel-Atlas Glass, 322 U.S. 238, 245-46, 64 S. Ct. 997, 1002

Addington v. Farmer's Elevator Mut. Ins. Co., 650 F.2d 663, 668 (5th Cir.), cert. denied, 454 U.S. 1098 (1981) (citing, among other authorities, Hazel-Atlas, 322 U.S. at 245-46; Wright, Miller & Kane at 2870)

Albemarle Paper co. v. Moody, 422 U.S. 405, 416, 421 (1975)

Allen F. Moore v. Stanley F. Sievers, 336 Ill. 3 16; 168 N.E. 259 (1929")

Andrews v. Steinberg, 122 Misc.2d 468, 471 NYS..2d 764, NY supp. 1983

Aoude v. Mobile Oil corp., 892 F.2d 1115, 1118 (1st Cir. 1989)

Archuleta v. Lacuesta, 988 P.2d 883, 128 N.M. 13, 1999-NMCA-113 cert denied 990 P.2d 822, 128 N.M. 148 cert denied 120 S. Ct. 937, 528 US 1 117, 145 L.Ed.2d 815

Arizona & C. R. co. v. Denver & R. G. R. co., 84 P. 1018 N.M.Terr.,1906

Bailey v. Internal Revenue Service, No. 98-CV-123-TUC-RTT (JMR), 1998 US.

 Dist. Lexis 21517 at (D. Ariz. 1998) (citing Wright, Miller & Kane at 2870

(quoting England v. Doyle, 21 F.2d 304, 309 (9th Cir. 1960))

Bailey v. Patterson, 369 U. S. 31, 369 U. S. 32-33

Mortgage co. v. United states, 423 F.2d 73, 79 (5th Cir. 1970)

Barela v. Lopez, 76 N.M. 632, 417 P.2d 441 (1966)

Beavers v. Johnson Controls World Services Inc. 120 NM 343,

Birdo v. Rodriquez, 84 NM 207, 501 P.2d 195 (1972)

Caffey v. Johnson, 883 F. Supp. 128

California First Bank v. State Dep't of Alcoholic Beverage Control, 1990-NMSC106, 111 N.M. 64, 801 P.2d 646

Cartelio v. US CCA8 (MO) 1937, 93 F.2d 412 Canello v. US CCA8 (MO) 1937, 93 F.2d 412

Celotex corp. v. Catrett, 477 US 317, 324 (1986)

Cf.P. Bator, P. Mishkin, D. Shapiro, & H. Wshsler, Hart and Weshsler's The

Federal Courts and the Federal System, 336 (2d. ed 1973

Chavez v. City of Albuquerque, 952 P.2d 474, 124 N.M. 479, 1998NMCA-004

Citizens State Bank of Barstow.Tex v. Vidal, 1 14 F.2d 380 C.A. I O.N.M.,1940

Cladfelter v. Reynolds, 68 N.M. 61, 358 P.2d 626 (1961)

Cockrell v. Board of Regents of New Mexico State University, 983 P.2d 427, 127 NM. 487 1999-NMCA-073 cert granted 4 P.3d 1241, 129 N.M. 250 N.M. App.

1999

Commercial Carrier Corp. v. Indian River County, 371 So.2d 1010, 1020 (Fla. 1979)

Conejos County Lumber Co. v. Citizens Sav. & Loan Ass'n, 80 N.M. 612, 459

P.2d 138 (1969)

Conservancy District, vs. Joe Mitchell and J.T. Mitchell No. 6524 Supreme Court of New Mexico 66 N.M. 212, 345 P.2d 744 sept. 18, 1959

Constitutional Stare Decisis 103 Harv. L. Rev. 1344, 1347 (1990) Fairchild v.

United Serv. corp., 52 NM 289, 197 P.2d 875 (1948)

Cruz v. U.S. 106 F.2d 828

Davenport Recycling Assocs. v. C.I.R., 220 F.3d 1255, 1262 (l Ith Cir. 2000)

DC 144, cert denied 97 S. Ct. 1155, 429 US 1 120, 51 Led.2d 570 25,

Demjanjuk v. Petrovsky, 10 F.3d 338, 348 (6th Cir. 1993)

Dennis v. Sparks, 101 S. Ct. 183, 449 US 24, 66 L.Ed.2d 185

Derringer v. State 133 N.M. 721 (N.M. Ct. App. 2003) 2003 NMCA 73 68 P.3d

DelTinger V. Turney, 2001-NMCA-075, 131 N.M. 40, 33 P.3d 40

Dictograph Products co. v. Sonotone corp., 230 F.2d 131, 137 (2d Cir. 1956)

Dixon v. Commissioner, No. 00-70858, 2003 U.S. App. LEXIS 4831, at * 11-12 (9th Cir. Mar. 18, 2003), amending 316 F.3d 1041 (9th Cir. 2003)

Dunham v. Dunham, 57 Ill. App. 475 (1894)

Edwards v. Wiley, 374 P.2d 284, 70 N.M. 400 "N.M. 1962

Federalist No. 47 by James Madison

Federalist No. 78 by Alexander Hamilton

G.H. Skala Const. co. v. NPW, Inc., 704 N.E.2d 1044, 1049 (Ind. Ct. App. 1998), trans. Denied

Giron v. Corrections Corp. of America, 14 F.Supp.2d 1245 Gleason v. Jandrucko, 860 F.2d 556, 559 (2d Cir. 1989)

Golden v. Zwickler, 394 U. S. 103, 394 U. S. 109-110 (1969)

Gonzales v. Oil Workers Int'l Union, 77 N.M. 61, 419 P.2d 257 (1966)

Gonzales v. Raich, No. 03-1454

Greiner v. City of Champlin, 152 F.3d 787, 789 (8th Cir. 1998)

Griffin v. Breckenridge, 403 US 88 (1971) Footnote[ 101] 383 US 787 (1966)

Hadges v. Yonkers Racing COQ, 48 F.3d 1320, 1325 (2d Cir. 1995)

Hampton v. Chicago, 484 F.2d 602, 610 (CA7 1973) cert denied 415 U.S. 917 (1974)

Harrison v. Bd. of Regents of the Univ. of New Mexico, 2013-NMCA-105, 2, 311 P.3d 1236

Hazel-Atlas Glass co. v. Hartford-Empire co., 322 U.S. 238 (1944)

Hedrick v. Perry, 102 F.2d 802 Hedrick v. Perry, 102 F.2d 802

Herring, 424 F.3d at 386

Hill v. Silsbee Independent Scholl dist., 933 F. supp. 616 ED Tex. 1996 Holmes v. Faycus, 85 NM 740, 516 P.2d 1123 (Ct. App. 1973).

Homan v. City of Reading, ED Pa. 1997 963 F. supp. 485

Home Mortgage Bank v. Ryan, 986 F.2d 372, 375 (1 Cir. 1993)

Hughes v. Dyer, DC Mo. 1974, 378 F. supp. 1305

Humbert, 655 N.E.2d at 607; K.M., 65 1 N.E.2d at 277

In re Adoption of Infant Female Fitz, 778 N.E.2d 432, 437 (Ind. Ct App. 2002)

In re Aquinda, 241 F.3d 194

In Bulloch v. United states, 763 F.2d 11 15, 1121 (10th Cir. 1985)

In Korematsu v. United States, 323 U.S. 214 (1944)

In re Machne Israel, Inc., 48 F. Applx 859, 863 n.2 (3d Cir. 2002) (quoting Nat'l Sur. co. ofN.Y. v. State Bank ofHumb01dt, 120 F. 593, 599 (8th Cir. 1903))

In re Rochkind, 128 B.R. 520 Mich. 1991

In re Sawyer, 124 U.S. 200 (1888)

In re Sealed case, 162 F.3d 670, 333 US App DC 245

In re Village of Willowbrook, 37 Ill.App.2d 393 (1962)

In re Williamson 43 BR 813

Jemez Properties Inc. v. Lucero, 94 N.M. 181, 608 P.2d 157 (Ct. App. 1979) cert denied 94 N.M. 628, 614 P.2d 545 (1980)

John Doe and Five Unnamed Corporations v. State ex rel. Governor's Organized

Crime Prevention Commission," see 23 N.M.L. Rev. 315 (1993)

Jones ET UX v. Alfred H. Mayer Co. ET AL, certiorari to the United States Court of Appeals for the Eighth Circuit, No. 645 Kelson v. City of Springfield, 767 F.2 651 (1985)

Kenner v. C.I.R., 387 F.3d 689 (1968)

Kenner v. Comm'r of Internal Revenue, 387 F.2d 689, 691 (7th Cir. 1968).

Kerwit Med. Prods., Inc. v. N. & H. Instruments, Inc., 616 F.2d 833, 837 (11th Cir. 1980).

Kitzman, supra, at 586; Smeland, supra, at 987; Resaake, supra, at 566

Kupferman v. Consol. Research & Mfg. Corp., 459 F.2d 1072, 1078 (3d Cir. 1972)

Luian v. McCuistion, 232 P.2d 478, 55 NM 275

Madrid v. spears, 250 F.2d 51 (10th Cir. 1957)

Marchbanks v. Young, 139 P.2d 594, 47 N.M. 213 N.M. 1943

Marine Ins. co. of Alexandria v. Hodgson, 11 U.S. (7 Cranch) 332, 336 (1813)

Marshall v. Holmes, 141 U.S. 589 (1891)

Martinez v. Winner 771 F.2d 424 opinion modified on denial of rehearing 778

F.2d 553, cert granted, vacated

Martinez v. Winner, 771 F.2d 424 opinion modified on denial of rehearing 778

F.2d 553, cert granted, vacated

Maryland Casualty co. v. Pacific Coal & Oil co., 312 U. S. 270, 312 U. S. 273 (1941)

Massachusetts v. Mellon, 262 U. S. 447, 262 U. S. 488 (1923)

Mathers v. Texaco, Inc., 77 N.M. 239, 421 p.2d 771 (1966)

May v. Marijo corp., 207 Neb. 422, 299 N.W. 2d 433, 434 (1980)

McBeth v. Nissan Motor corp. USA, 921 F. supp. 1473 "DSC 1996

McGinnity, supra; See also National Surety Company v. State, 120 F. 593 (8th Cir, 1903)

McKinney V. Gannett Co. Inc. 660 F. Supp 984, appeal dismissed, cause remanded 694 F.2d 1240 on remand 660 F. supp. 1037. Affirmed 817 F.2d 659

Meade v. Grubbs 841 F.2d 1512, 1527-28 (10 th Cir. 1988)

Milliken v. Martinez 159 P. 952, 22 NM 61

Monroe v. Pape, 365 U.S., at 184

Montgomery v. cook, 76 NM 199, 413 P.2d 477 (1966)

Montoya v. Blackhurst, 84 N.M. 91, 500 P.2d 176 (1972)

Moore's Federal Practice 3d 60.21[4] [a] (3d ed. 2003)

Moore's Federal Practice, 2d ed., p. 512, 60.23

Muckieroy v. Muckieroy, 498 P.2d 1357 N.M., 19721 18 cong. Rec. 7168 (1972)

New York Times Co. v. Sullivan 376 US 254, 265 (1964)

Nienstedt v. Wetzel 133 Ariz. 348, 651 P.2d 876 1982

Nixon v. Fitzgerald, 457 US 731, 763 (1981)

NM Ct. App. No. 12-8853 FENCE TI-EM OUT

Oliver v. Foster DC Tes. 1981 524 F. supp. 927

Olmstead v. United States, 277 U.S. 438, 485 (1928)

Oxxford Clothes XX, Inc. v. Expeditors Int'l, Inc., 127 F.3d 574, 578 (7th Cir. 1997)

People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934)

People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980)

Phelps v. Hamilton, 122 F.3d 1309, 1323 (1 0 th Cir. 1997)

Pino v. Higgs 75 F.3d 1461 "C.A.IO (N.M.) 1996

Pinter v. Pinter, 641 N.E.2d 101, 104 (Ind. Ct. App. 1994)

Pumphrey v. K.W. Thompson Tool co., 62 F.3d 1 128, 1 131 (9th Cir. 1995)

Rea v. State of Missouri, 84 U.S. 532 U.S.MO.,1873

Robbins v. Wilkie, 433 F.3d 755 C.A. IO.Wyo.,2006

Roberts v. State Bd. of Embalmers and Funeral Directors, 434 P.2d 61 N.M., 1967

 Rogers v. Lyle Adjustment co., 70                       209, 372 P.2d 797 (1962).

Rozier v. Ford Motor co., 573 F.2d 1332, 1338 (5th Cir. 1978)

San Antonio Indpendent School District v. Rodreguez, 411 US 1 (1973)

Schear v. Board of Cnty. Comm'rs, 1984-NMSC-079, 101 N.M. 671, 687 P.2d 728.

Scheuer v. Rhodes, 416 US 232, 241 (1974)

Schwarz v. Folloder, 767 F.2d 125 (5 Cir. 08/01/1985)

Schwarz v. Folloder, 767 F.2d 125 (5th Cir. 08/01/1985)

Sena v. Montoya, 346 F. Supp. 5 (D.N.M. 1972)

Silva v. Town of Springer, 912, P.2d 304, 121 N.M. 428 1996 Mva CA 022 cert denied 91 1 P.2D 883, 121 N.M. 375 cert denied 913 P.2d 251, 121 N.M. 444 N.M. App. 1996

Skelly Oil co. v. Universal Oil Products co., 338 Ill.App. 79, 86 N.E.2d 875, 8834 (1949)

Society National Bank v. Parson Partnership LTD., 122 F.3d 574

State ex rel Sandoval v. Taylor, 87 P.2d 681 N.M., 1939

State ex rel Stratton v. Sinks 106 N.M. 213, 220, 741 P.2d 435, 442 (Ct. App. 1987)

State ex rel. Callaway v. 74 N.M. 339, 343 393 p.2d 451, 454 (1964)

State v. Cochran, 1 12 N.M. 190, 192, 812 P.2d 1338, 1340 (Ct. App. Cert denied  12 N.M. 308, 815 P.2d 161 (1991)

State v. Jones 44 N.M. 623, 634, 107 P.2d 324, 331 (1940)

 State v. Southern Pacific co. 281 P.29, 34 306 "N.M. 1929

State v. Tom 2010-NMCA-062 NM P.3d State of NM Docket N. 27549 NM Ct. App. 2010

State v. Tunnell, 1982 99 NM 450 659 P.2d 902 rev 99 NM 446, 659 P.2d 989

States v. Burr, 25 F. cas. 30, 35 (No. 14,692d) (CC Va. 1807) (Marshall, c.J.)

Stephenson v. Esquivel, 614 F. Supp. 986 "D.N.M. 1985

Stonger, 776 N.E.2d at 357

Stump v. Sparkman, 435 U.S. 349 (1978)

T.   Cooley, Constitutional Limitations 885 (8th ed. 1927)

Terry Properties Inc. v. Standard Oil co., (Ind) CAI I (Ala) 1986, 799 F.2d 1523

The Idaho, 93 U.S. 575 U.S.N.Y.,1876

Thomas Stasel v. The American Home Security Corporation, 362 Ill. 350; 199

N.E. 798 (1935)

Torres v. state, 1995-NMSC-025, 119 N.M. 609, 894 P.2d 386

Toscano v. Commissioner, 441 F.2d 930, 934-36 (9th Cir. 1971)

Transaero, Inc. v. La Fuerza Area Boliviana, 24 F.3d 457, 460 (2d Cir. 1994)

. v. Bowman, 173 F.3d 595 "CA6 (Ohio) 1999 . . v. Elwell C.A. 1 (Mass.) 1993 984 F.2d 1289 cert denied

. v. Maggitt, C.A. 5 (Miss.) 1986 784 F.2d 590 . . v. McMahon, 562 F.2d 1192

. . v. Muhammad, 120 F.3d 688 "CM (Ill.) 1997 . . v. Poole, 929 F.2d 1476 C.A. 10.Kan.,1991

. . v. Troutman, 814 F.2d 1428

U.  S.Tex.,1998

U.S. v. Wilson C.A. 4 (W. Va.) 1986 796 F.2d 55, on remand

Ulibarri v. Geistenberger, 178 Az 151, 164, 891 P.2d 698, 71 1 (App. 1993) United Public Workers v. Mitchell, 330 U. S. 75, 330 U.S. 89-91 (1947) United Salt corp. v. McKee 96 N.M. 65, 628 p.2d 310 (1981)

 United States v. Barbosa, No. 07-1292, 2007 WL 2050881,                        (3d Cir. 2007)

United States v. Beggerly, 524 U.S. 38, 47 (1998).

United States v. Buck, 281 F.3d 1336, 1341-42 (1 0th Cir. 2002)

United States v. Burke, No. 05-5277, 2006 WL 2135044, * l (3d Cir. 2006) (quoting Herring v. United States, 424 F.3d 384, 389 (3d Cir. 2005))

United States v. Burr, 25 F. Cas. 30, 35 (No. 14,692d) (CC Va. 1807) (Marshall,

United States v. Guest, 383 US 745 (1966)

United States v. Pinkey, 548 F.2d 305, 31 1 (10th Cir. 1977)

United States v. Timmons, 672 F.2d 1373 (l Ith Cir. 1982),

US v. Anderson 798 F.2d 919 CM (Ind.) 1986

US v. Andreas 39 F. Supp.2d 1048 ND 11 1. 1998

US v. Barker CADC 1976, 546 F.2d 940, 178 US App DC 174 30,31

US v. Barrera-Moreno, 951 F.2d 1089

US v. Baum, 32 F. Supp.2d 642 "SCNY 1999

US v. craft, 105 F.3d 1123 "CA6 (Ky.) 1997

US v. Ehrlichman, CADC 1976, 546 F.2d 910, 178 US App. DC 144, cert denied 97 S. Ct. 1155, 429 US 1120, 51 Led.2d 570 US v. Ellis WDSC 1942, 43 F.Supp. 321

U.S. v. Giordano, D.Conn.2002, 260 F.Supp.2d 477

US v. Kanchanalak, 37 F. Supp.2d I

US v. Kilpatrick, 726 F. supp. 789

US v. Kozminski US Mich 1988, 108 S. Ct. 2751, 487 US 93 1,

US v. McDermott CA2 (N.Y.) 1990, 918 F.2d 319 cert. denied I l l S. Ct. 1681, 500 US 904, 1 14 L.Ed.2d 76

US v. Waddell US Ark 1884, 5 S. Ct. 35, 112 US 76, 28 L.Ed 673

Vigil v. Martinez, 832 P.2d 405, 1 13 N.M. 714

Village of Willowbrook v. Olech, 528 U.S. 562 (2000)

Ward v. Broadwell, I N.M. 75 Gild 75 N.M. Terr 1854

Weightman v. The Corporation of Washington, 1 Black 39, 50-52 (1862)

Weinstein v. City of Santa Fe ex rel. Santa Fe Police Dep't, 1996-NMSC-021, 121 N.M. 646, 916 P.2d 1313.

Wells v. Arch Hurley Conservancy District, 89 NM 5 16, 554 P.2d 678 (Ct. App. 1976) Wood v. Grau, 234 P.2d 362 N.M.,1951

Westinghouse Electric Corp. v. New York City Transit Authority, 14 F.3d 818

Williams v. U.S. C.A.5 (Fla) 1950, 179 F.2d 644 cert. granted 71 S. Ct. 77, 340

U.S. 849, 95 L.Ed 622 affirmed 71 S. Ct. 581, 341 U.S. 70, 95 L.Ed 758 Williams v. U.S. C.A.5 (Fla) 1950, 179 F.2d 644 cert. granted 71

Wojcik v. Town of North Smithfield, 87 F. Supp. 508 affirmed 76 F.3d 1

Woodward v. City of Worland, 977 F.2d 1392, 1400 (10 th Cir. 1992)

Wright, Miller & Kane at 2870 (citing Universal Oil Products Co. v. Root Ref. co., 328 U.S. 575, 580 (1946))

Yakus v. U.S 321 U.S. 414 pg. 468 (1944)

Yick Wo v. Hopkins, 118 US 356 (1886)

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OPINIONS BELOW

There is no statute of limitations for bringing a fraud upon the court claim. Hazel-Atlas, 322 U.S. at 244. UNDERLYING stated corruption of New Mexico Courts facilitation and protection of the invading Mexican National Sinaloa Carte and domestic terrorism: No. S-l-SC-39680, Court of Appeals No. A-I-CA-40690, 7th District Court: CV-94-10; CV-02-19, D-727-CV-2021-00028, 13th District Court: D-1314-CV-2021-00541 -Derringer v. Davis & Derringer v. State of New Mexico ete al., 2nd District Court: D-002-CV-2014-07755, CV-2022-03437, CV-2023-05227, CV-2023-07042, CV-2023-09203, CV-2023-09552, CV-2023-09874, CV-2024-00261, false criminal Complaints T-4-CR2023-002115 and T-4-CR-2023-003902, United States Supreme Court former petitions of the same ongoing issues "denied" opportunity to be heard by the "cert pool" simply USSC clerk, Petitions never heard by any Justice. USSC #03-837, #18-7785: Derringer v. Mick C. Chapel et al- United States Supreme Court No. 03837 Derringer v. New Mexico Supreme Court et al-United States Supreme Court No. 18-7785.

JURISDICTION

NOTICE: Although it is well known that the US Supreme Court takes only a very small percentage of presented cases, these matters are "ripe" for stopping New Mexico judicial abuse destroying Section I Article Ill, destruction and falsification of court and public records, illegal Orders from judges against the Petitioner not to use the United States Courts, not to represent himself pro-se, denials of mandated Default judgements, denial of trials and jury, and egregious acts that entirely defeat Article III. The collusion of RICO by the judiciary and public officials and attorneys, supersedes all rule of law, and usurps all power to deny the mandated right to be heard for the benefit of every citizen in the United States of America, with Judges falsely claiming the use of the courts “is a privilege, and not a right”; when the Constitution they swore

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to God to uphold states differently. These Dictatorship acts are happening all across America and the US Supreme Court has a duty to protect all citizens from RICO and obstruction of justice perpetrated by the “judicial terrorism”. State ex rel. Collier v. New Mexico Livestock Bd. P.3d, 2013 WL 5288766, N.M. App., September 17, 2013 (NO. 32,191); U.S. v. Howard C.A.5 (La.) 1978, 569 F.2d 133 1, certiorari denied 99 S. Ct. 1 16, 439 U.S. 834, 58 L.Ed.2d 130. The United States Supreme Court has Original Jurisdiction for considerations governing review of Extraordinary Special Writ for Mandamus and Prohibition under 28 USC 1651 (a), 2241, and 2254(a). After exhausting all agencies, and all Courts in 18 separate Civil suits, and winning all by DEFAULT with the attorneys, Defendants and the Judges doing FRAUD ON THE COURT, and obstruction of justice ignoring Plaintiff’s Motions for Default, the Judges deprive “justice” of Default judgments to protect larceny by state employees, protect domestic terrorist and worse, Judges take bribes and kick-backs directly from the invasion of the Mexican Sinaloa Cartel and profits from stealing and selling Petitioner’s real and personal property, including, but not limited to now stealing 792 + known Derringer cherished horses worth $79,200,000.00 and murdering them for slaughter for meat sales. With knowledge of Default of the Defendants, in now 18 suits of Plaintiff Derringer, Judges both block and ignore Motions for Default, and subvert al appeals, even 5 separate judges responding by Order for the Plaintiff not to file pleadings or litigate, with many other judges involved in collusion, and also Order Plaintiff not to ever file another lawsuit or Complaint “in the future” so as to protect the criminals perpetually, barring Petitioner from the very rights of due process, equal protection and “rights to sue” (42 USC 1981/1983) illegally Ordering Plaintiff Derringer not to use the United States Court system. Judges themselves falsify and Order the destruction of the court record in felonies as do also defending attorneys. Although mandated by Rule and Case law to simultaneously enter Order

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with filing of Default, the Judges protect all Defendants and the underlying invading Mexican National Sinaloa Cartel, and the foreign “British” involved with the RICO racketeering horse rustling, and other drug and human trafficking by no Order or ruling deliberately to stall, deny, defeat, and obstruct the appellate process of Article III. This entails all NM Government, and all agencies, including the extreme corruption of the New Mexico Supreme Court, protecting all NM felon employees and the Sinaloa Cartel, as the court of last resort of the State of New Mexico. The US Supreme Court under Petition for Extraordinary Writ is the last resort for "justice", as all agencies of the FBI, DOJ, DHS, State Department have been corrupted and failed All NM agencies and law enforcement are Sinaloa Cartel bribed as is Governor Michelle Lujan Grisham. Derringer is trapped in the 13th Amendment imprisonment and involuntary servitude of NM public saturated Democratic corruption, where Petitioner is deliberately denied Constitution as an extinction of “citizenship” by criminally violating US Code Title 18 Sections 241, 242, 1503, 1505, RICO, 2381, 2382, 2383, 3617,1st  , 4th , 5th, 7th, 8th, 9th, 10th , 13th, and 14th Amendments. The NM Courts threaten, intimidate and coerce a Pro-Se litigant to stop litigation, or be jailed and assassinated, claiming the Plaintiff has no right to be Pro-Se, and deny 1st Amendment rights of placing the truth of public and judicial corruption in public records in a court record that can be accessed in disclosure to the public through ("FOIA" and “NM IPRA") exposing judicial corruption. These non-judicial acts are "intimidation", "threats", "coercion", and by falsely and illegally "weaponizing the courts to criminally attack" a pro-se party with intent to silence in incarceration by motive to assassinate. In retaliation of Civil Suits, the NMLB steals with the Sinaloa Cartel kills Derringer animals in domestic terrorism as violations of obstruction of justice and intimidation. The Bill of Rights grants David Derringer rights as a "sovereign citizen of America" with a right to freedom and liberty and happiness without

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enslavement or forced involuntary servitude by others under violations of the 13th Amendment in public corruption. Petitioner cannot be denied or enslaved to be required to "ask permission" to file suit of Civil Rights deprivations by a single judge for future suits, not already assigned to any particular case in mis us of FRCP Rule I l. Petitioner cannot be denied access and use of the US Courts under US Code Title 42 Section 1981, 1982, 1983, 1985, 1986, and cannot be persecuted for filing a Complaint against a Judge, when that Judge has violated Constitution in treason, and lacking jurisdiction and judicial capacity without either judicial or public immunity. This is in order for one judge to illegally protect another judge in public corruption as violations of Canon 3(D)(1)(2). Stump v. Sparkman, 435 U.S. 349 (1978). Derringer thus cannot have his court or public records destroyed, tampered with, and corrupted, by the justices and courts themselves to block and inhibit appeals of deprivations of Constitution and all laws. Petitioner cannot be singled out as a "targeted individual" by "judicial terrorism" and persecuted for exercising his 1st Amendment right to expose public corruption, and is thus protected by the federal obstruction of justice, and obstruction of proceedings under United States Code Title 18 Sections 241, 242, and 1503, and protected additionally for exposing and "whistleblowing" on this public corruption by the Whistle-blowing act" of 1989. Derringer is simply attacked by corrupt government, stealing Derringer’s real lands and stealing the killing Derringer horses. “Courts are responsible to the fundamental law and no other authority can intervene to force or authorize the judicial body to disregard it." Yakus v. U.S 321 U.S. 414 pg. 468 (1944). Petitioner cannot be intimidated or subjected to extortion by judicial use of RICO racketeering and treason use of the Sinaloa Cartel for political agendas to overrule law in destruction of Article III. David Derringer has inalienable rights by Consent of Authority in the Declaration of Independence and the Supremacy Law, Article VI. Sandin v. Conner 515 US 472 - 1995 - United States Supreme

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Court - Cited by 8158. Petitioner has all rights under Constitution as a "sovereign citizen" in the American Republic as designed by Congress, Constitution, Amendments, Bill of Rights, and Declaration of Independence. Petitioner has guaranteed rights Title 42 U.S.C. Section 1981 (a) "rights to sue" as all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal protection and full and equal benefit of all laws, and to file suit without court "permission". Petitioner is afforded the right to Pro-Se representation in any court of law in the United States at any time, both civil and criminal, under the provisions of the 4th , 5th , and 14th Amendment and Title 42 U.S.C. Section 1981(a), and cannot be stopped by dictatorship of a particular justice in bias and prejudice with discrimination against David Derringer “targeted” in particular. Petitioner has been forced by the NM Ct. App. in attempts to decimate all rights knowingly remanding the Case CV-2022-03437 of jurisdictional defect and fundamental error, back to RECUSED Judge Ortega, to rig the case against Plaintiff Derringer where all Defendants are in default, wherein the Defendants have no standing to litigate, present evidence, present testimony or exhibits, yet have done so in ex-parte hearings before a recused Judge without the Plaintiff; and where the Plaintiff was denied any Default hearing, denied trial and the Judge Ortega embezzled jury fee and orchestrated an assassination attempts against Derringer well documented in court record. Plaintiff cannot be forced to stand before a recused judge, and cannot be denied the Petitioner’s jury, in misuse of judicial power, or stopped from filing "future" suits not in the judicial capacity or authority or jurisdiction of the particular judge. Petitioner cannot be denied filing suit due to any of Derringer's beliefs, religion, ethnical ties, or to be persecuted and harassed for former use of any court not subject to res judicata, collateral estoppel or the law of some former case, and David Derringer's court pleadings cannot be

6

perused by any justice prior to the jurisdiction and assignment of the judge 'after filing with the clerk of the court', and such court papers to be filed cannot be denied before filing with any Judge Ordering the clerk of the court not to file any papers as a mandated ministerial act from singled-out Plaintiff Derringer. The NMSC has violated the Constitution, the US Code, the Supremacy Clause, the statutory scheme of New Mexico including the New Mexico Constitution, Oath, and rights of due process and equal protection and violations of the 1st , 4th , 5th , 6th , 8th , 10th , 13th , and 14th Amendments, and condones and endorses RICO "pay to play" violations against David Derringer as a means of a tool to stop David Derringer's legal use of the court system so as to stop further Derringer disclosures in judicial records of public and judicial fraud. After David Derringer legally, sued NM State Judges in the US Federal 10th Circuit District Court for the District of New Mexico, wherein such NM Judges were entirely liable working outside of both jurisdiction and judicial capacity, the court acted in fraud and RICO to Order David Derringer no further use of the court falsely claiming it is a "privilege" not a RIGHT in order to hide, conceal judicial corruption from the public in violation of FOIA and NM State IPRA. They protected all NM Judges in total violation of Stump V. Sparkman 435 U.S. 349 (1978), yet quoted that case as reason to persecute and deny all future due process against Plaintiff, despite violation of all Derringer’s Civil and Constitutional rights with illegal Order blocking all further filings in the Federal Court, including illegal Order denying the Court Clerk to not file in ministerial acts, before any judge had any legal jurisdiction to read or know what the filing was (illegally reading it anyway and denying it before being assigned the Case). The US District Court for the District of New Mexico 10th Circuit New Mexico Judges have also Ordered Derringer not to file pleadings in obstruction of justice and violations of 18 USC 241, 242, 1503, and 1505. Clearly, with any judge deciding who, if, and when a US Citizen can

7

or cannot use the United States Courts, each judge becomes a dictator despot in absolutism to destroy the judicial branch of government Article III, making justice and redress impossible. The U.S. Supreme Court has stated that "No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.". Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958). “Any judge who does not comply with his oath to the Constitution of the United States wars against that Constitution and engages in acts in violation of the Supreme Law of the Land. The judge is engaged in acts of treason. Having taken at least two, if not three, oaths of office to support the Constitution of the United States, any judge who has acted in violation of the Constitution is engaged in an act or acts of treason If a judge does not fully comply with the Constitution, then his orders are void, In re Sawyer, 124 U.S. 200 (1888), he/she is without jurisdiction, and he/she has engaged in an act or acts of treason. TREASON Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act or acts of treason. U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980). Unethical and criminal traitors as judges have infiltrated the NM judicial system, having bribes and corruption goods on one another to be able to keep the integrity of their communal good ol' boy comradery intact by fear of each of public exposure and instilling fear in all representing attorneys that careers will be ruined by "black ball" of any attorney that chooses to bring a case against a judge. Against pro-se litigants, the judicial solution is to illegally Order a citizen unable to lawfully file without any possible jurisdiction of any judge to peruse a Complaint or pleading before filing without jurisdiction or judicial authority without assignment to the case, and so if it contains any exposure of corruption of the judiciary (violation of the 1st Amendment), then any judge Orders the court clerk not to allow legal filing. The disgusting tyranny and oppression of judges above the law forcefully subjugating and enslaving the public to cover their corruptions

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and indiscretions should shock the conscience of any US Supreme Court justice. There are an extreme number of United States Supreme Court case laws of already decided important federal questions, that have already made decisions that entirely conflict with all of the crimes being perpetrated against singled-out and targeted whistleblower David Derringer by the State and Federal Courts, making both the State of New Mexico and the US Government entirely liable for restitution and severe punitive damages of which have ruined David Derringer's life for 32 years. The US Supreme Court and the foundations of the "American Constitutional Republic" mandate decisions to stop the "rogue" judges whom believe they are in total power over 'WE THE PEOPLE". The US Supreme Court as original jurisdiction court, have a duty to provide use and due process and equal protection to a pro-se citizen Under the 1st, 4th, 5th, and 14th Amendments, US Code Title 42 Section 1981, 1982, 1983, 1985, 1986, and throughout the appellate process. See US v. Guest, US Ga. 1966, 86 S. Ct. 1170, 383 US 745, 16 L.Ed.2d 239. David Derringer has been forced to litigate before a "recused" judge, and multiple other judges in judicial corruption power, persecuted, intimidated, denied jury, denied RIGHTS under Constitution, denied the Rules of Civil Procedure and hearings held ex-parte without the Plaintiff, harassed as a "targeted individual" because David Derringer has exposed the corruption of the judiciary, as a whistleblower. The U.S. Supreme Court now has jurisdiction to review the New Mexico Supreme Court, and the 18 underlying Plaintiff Derringer won Defaulted cases, due to RICO and judicial fraud, and has "superintending control" by mandamus and prohibition over the NM and 10th Circuit Judiciary that has violated all Constitution and law, including but not limited, to all law ever decided by the US Supreme Court as the superior court to the NM Supreme Court and the US 10th Circuit. Fraud on the court is saturated in all matters herein that vitiates the entire Judgments of all cases defined herein. The US Supreme Court has a duty and

9

ability to advise the US Senate Judiciary Committee and the FBI, Department of Justice, and the Pentagon to initiate an investigation for prosecution of all herein for the threat to national security of treason. "Embodied in the Fourteenth Amendment", right to bodily integrity is the right to be free from unauthorized and unlawful physical abuse at the hands of the state by a state official acting or claiming to act under color of law, when the alleged conduct involving both treason and RICO is of such a nature as to shock the Court's conscience." U.S. v. Giordano, D.Conn.2002, 260 F.Supp.2d 477. The US Supreme Court and the US Congress can stop all federal funds to the State of New Mexico because the State has deprived citizens of Constitutional rights; and redress and compensation by secession of the Union, and persecutes David Derringer by Constitutional deprivations and criminal acts by public officials that "shock the conscience”, and all judicial acts were in violation of the Supremacy Clause. David Derringer has been “imprisoned" in the public corruption of New Mexico functioning as a foreign State that has seceded from the Union by depriving its citizens all Constitutional and other rights as US citizens, targeting and forced involuntary servitude in violation of the 13th Amendment. New York Times Co. v. Sullivan 376 US 254, 265 (1964) (finding that application of both statutory and common law constitutes state action for purposes of Constitutional violations).

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

Petitioner has guaranteed rights to due process and equal protection under the 1st, 4th, 5th and 14th Amendments. No court can peruse court pleadings without prior being filed with the court assuming only then of jurisdiction, and cannot prevent clerk filing when such pleading discloses public and judicial corruption under the 1st  Amendment, and NMRA Rule 1-090; a violation of both jurisdiction and judicial capacity in fundamental error. The 5th Amendment "takings" clause prohibits government involvement with the Sinaloa Cartel stealing Derringer

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horses, as well as the 4th Amendment without warrant, and the 14th Amendment Section 3 involves treason under 18 USC 2381, 2382, 2383 with 1503. Petitioner has guaranteed rights to use of the US Court system pro-se without being forced to have an attorney, and cannot be forced to submit his Complaints and other court papers for perusal of “permission” of a Communist tyrant Judge when the court has no jurisdiction before filing; violating "due process and equal protection" under the 4th, 5th and 14th Amendments. Derringer cannot be persecuted by a Judge requiring "permission" to file a pleading or be threatened with contempt of court for exercising Constitutional rights, with motive of imprisonment to orchestrate assassination, when legally acting under due process ie. enabled legally under Rule 60 etc.. A pro-se citizen cannot be prevented by Order from filing in any US court with any court clerk, and judges cannot rob, commit larceny, and fraud to steal court pleadings before filing to destroy them to taint the court record, and courts cannot bock appeals; violating "due process and equal protection" under the 4th, 5th, and 14th Amendments. In this matter the New Mexico State government, specific state agencies and employees, have entered into a bribery-treason with the invading Mexican National Sinaloa Cartel for use of cocaine and pedophile use of illegal alien minors with abuse of some of the missing 85,000 minor human trafficked illegal aliens by the Cartel. NM Judges deny and block Derringer’s default judgments to prevent both justice, replevin, and redress, block appeals, terrorize the Petitioner by denial of legal use of all state agencies, denial of all due process and equal protection, and steal and murder now 792 + Derringer horses in revenge, retribution and terrorism. Police refuse to come to Derringer emergency 911 calls, and the BCSO undersheriff Jjareno "ORDERS" Derringer not to use or call 9-1-1, making criminal hate crimes against the Petitioner with no avenue of escape. The NM Courts have destroyed any meaning of US Constitution Article III. Petitioner

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is a “sovereign citizen" in the American Republic as designed by Congress, Constitution, Amendments, Bill of Rights, and Declaration of Independence. Petitioner has guaranteed rights Title 42 U.S.C, Section 1981 (a) "rights to sue" to equal protection and full and equal benefit of all laws, to file suit without court "permission". Petitioner is afforded the right to Pro-Se representation in any court of law in the United States at any time, both civil and criminal, under the provisions of the 4th 5th and 14th Amendment and Title 42 U.S.C. Section 1981(a), 1983, 1985, 1986. Derringer cannot be stopped by dictatorship of a particular justice in bias and prejudice discrimination against David Derringer in particular, cannot be forced to stand before a recused judge, and cannot be denied the Petitioner's jury, in misuse of judicial power, or stopped from filing "future" lawsuits not in the jurisdiction or judicial capacity of any particular judge. Petitioner cannot be denied filing suit due to any of Derringer's beliefs, religion, ethnical ties, or to be persecuted and harassed for former use of any court not subject to res judicata, collateral estoppel or the law of some former case, and David Derringer's court pleadings cannot be perused by any justice prior to the jurisdiction and assignment of the judge 'after filing with the clerk of the court', and such court papers to be filed cannot be denied before filing with the clerk of the court.

STATEMENT OF THE CASE

INTRODUCTION:

These entire matters involve the treason, sedition, secession of the government of the State of New Mexico under total Democratic control, instigating a political coup against the United States designed to overthrow the Constitution and convert to a Communist authoritarian totalitarian state, disregarding the Constitution, and sabotaging and permanently damaging Section 1 Article Ill. This entails a long history of 32 year persecution against the Petitioner of

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unethical Judges, Justices, administration of all three branches of government infiltrating-infestation of the system, including Judicial Standards, the Bar Disciplinary Board and governmental agencies to work in concert, with deliberate use of the invading Mexican National Sinaloa Cartel bribes, as a criminal vehicle to not only terrorize the American citizens, but to gain wealth of the elite party to take vast drug money bribes, perks, and gain their use of cocaine, methylamphetamines, fentanyl, human trafficked minors for pedophiles, and fully illegal automatic firearms supplied by the Sinaloa Cartel in trade for Sinaloa Cartel protection of all RICO racketeering industries in New Mexico including horse rustling and illegally selling known Derringer horses for $ Millions, and other debauchery. For such protection of the Sinaloa Cartel and elite felon state employees, cases are "rigged" against all law, rampant fraud on the court is ignored, and Constitution, Statutory law both state and federal is denied, due process, equal protection is denied, as are requests for a jury, and Judges are not selected randomly, but particularly delegated assigned for a case to deny justice and redress if the case involves exposure of public corruption, legal attack against any state employee, and absolute paid-bribed protection for the Sinaloa Cartel. Sustained herein, the Petitioner has undeniable proof of being singled-out, discriminated against as a "class of one", targeted, persecuted, and all destruction of "life, liberty, and happiness", due to the Petitioner being a whistleblower exposing the extreme public corruption of the State of New Mexico. New Mexico has by sedition, seceded from the Union operating at all times against the Constriction wherein all federal funds are mandated denied.

In 1992, David Derringer and wife Susan Nevitt purchased in clear title and warranty deed without mortgage, real estate contract or any encumbrances a 40-acre property that had been unoccupied for about 39 years without structures. US Patent of this property was granted in

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1895 to John C. Gibbs, who had used it for livestock and other purposes by developing the water, wherein it had the original well of 1895, and predecessor in title Ray Eichner had drilled a second well. As the Gallup Basin was not yet closed by the NM State Engineer (OSE), Nevitt/Derringer’s immediately drilled two additional wells, not under the jurisdiction of the OSE. Nevitt Derringers thus developed the property over the next 14 years with 2 cabins, a 3,200 ft house, a mobile home double-wide, round pen, arena, three barns, outside toilet and shower facilities, storage container, 4 large storage barns, many horse, llama, goat pens, chicken coup, and animal amenities, and farmed 20 acres and used and developed 3 of the other 20 acres of natural forest for a tree farm and sustainable acreage, with both incoming power as well as solar and water generators from use of the Harris Creek. There were 3 historically existing stock ponds and 11 live springs on the property. Upon purchase, the only neighbor was downstream North Mickey C. Chapel and family. Instantly upon arrival purchase, the Nevitt/Derringers were viciously attacked relentlessly by the Chapels and up to 15 to 40 other men that terrorized, killed livestock, stalked wife Susan Nevitt, harassing phone calls, death threats and other extreme domestic terrorism with use of firearms, attack hunting dogs and spotlighting and other deliberate and malicious acts. The Nevitt/Derringers had purchased the property of Ray Eichner, wherein there had been no disclosure of the later found fact that Chapels had terrorized Eichners’, so they had never moved to their intended retirement property, but refused to sell to Chapels. Come to find out, Eichner had hired attorney Thomas Fitch to represent them when Chapels fenced off the entrance and fenced-stole acreage to keep Eichner from his legal ingress, and wherein Fitch was found to have been on cocaine in cahoots with Chapels drug Sinaloa Cartel trafficking at mile marker 21, Hwy 32, Quemado, NM 87829, where it was found that the Chapel property is the main Sinaloa Cartel helicopter landing zone in New Mexico for drug,

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human illegal aliens, terrorists, slaves, minor children, automatic weapons and other trafficking into New Mexico and the United States. Nevitt/Derringers then realized and witnessed constantly that they had bought a property directly next to the Mexican Sinaloa Cartel helicopter landing zone of extreme traffic of helicopters of “sky-blue” Huey, Blackhawk, and white Chinooks, all non-military and without identification, aircraft of Piper Super Cub, C-130, and Cessna were making drops of drug packages at the Chapel’s front field and the Northern “Chavez” mesa a ½ mile away, wherein Chapels used 4-wheelers for delivery movement of the contraband. Chapels used fully automatic firearms from the Sinaloa Cartel in intimidation of the Derringers, later found some also being sold to the Catron County Sheriff, and Bernalillo County Sheriff Departments as illegal contraband. Nevitt/Derringers witnessed constant human and children trafficking of the Chapel property. When the extreme terrorism did not dislodge Derringers, Chapels, with Cartel money weaponized the NM Courts, with obvious bribes and attacked the Derringers in Catron County Case CV-94-10, wherein they claimed the upstream Derringers were interfering with their irrigation of 26 acres of Pre-1907 historical surface-water rights claimed to have been developed in 1902, yet only declared in 1972 by predecessor Daniel Armijo. Derringer engaged attorneys and also filed applications 4615 and 4615-Amended both to force the OSE to investigate the Chapels’ claims, and also to perfect the Derringer’s ground water rights of the then Pre-1907 and Pre-Gallup Basin Closure as not under any jurisdiction of the NM State Engineer (NM a state only in 1912) 4 supplemental Derringer wells for irrigation, recreation and other purposes and the rights to the Derringer 3 historical stock ponds and 11 live springs on the property. OSE Wayne Canon found a historical USDA forest service 1935 aerial photograph of the Chapel property that shows the Chapel property in a “native totally undeveloped state” in 1935, 32 years after the fraudulent claim of both Daniel Armijo

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in 1972 Declaration #02311, and Chapels’ illegal pond and claim to irrigation of 26 non-level acres proved physically impossible and not pre-1907. Prior to trial, in 1995, Chapels spent over $100,000.00 of use of grant tax money to level and terrace the aforementioned alleged 26 acres, claiming that it was like that as per fraudulent declaration #02311, wherein prior to 1995 the property was sloped, prohibiting “irrigation” as falsely claimed. Attorney Thomas Fitch, cocaine addict and former attorney associated with both Eichner and Chapels was “appointed” by the NM Governor and immediately assigned CV-94-10 despite extreme conflict of interest barring such, and wherein despite Derringer’s Petitions for Writ of Mandate and Superintending Control to recuse, the NM Supreme Court denied, to ensure Fitch stayed to “rig” the case for protection of the Sinaloa Cartel landing zone and further orchestration to “remove the Nevitt/Derringers” interfering with the Cartel RICO racketeering by Derringer making calls to engaging the FBI, DOJ and DEA. Derringer enabled undercover 3 DEA agents posed as “hunters” that determined the extent of the trafficking and use of the Quemado Chapels’ Largo Motel and Restaurant, as a drug money laundering operation, and that the location of the Chapel property was deliberately outside the US Border Patrol 120-mile radius from the New Mexico/Mexico Border. “Rigged” CV-94-10 was won therefore by the Chapels’ Cartel and drinking buddy jury, and OSE Wayne Canon perjury and fraud on the court. Derringer and attorney Kate Watson witnessed both judge Fitch and OSE attorney DL Sanders, and OSE Wayne Canon “snorting” cocaine from the bench and public offices. OSE Wayne Canon had made a Memorandum report of April 25, 1995 proclaiming Chapels had no legal claim to water due to the 1935 photograph, and had perfected the Nevitt/Derringer’s proven 1895 claim of John C. Gibbs US Patent, and thus granted perfected ground water 60-acre feet per year of water to Derringers for irrigation, domestic, livestock, recreation, and other purposes including

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bottled spring water. OSE Wayne Canon then destroyed the public record (18 USC 1519) before trial to construct another fraud Memorandum of June 5, 1995 for the trial that alleges Wayne Canon could see Mick Chapel’s irrigation, terraced 26 acres of lands on the 1935 aerial photo as same as the 1995 photo, and therefore lied on the witness stand changing his testimony so as to win the case for Chapels. Derringer was denied an OSE water hearing mandated by statute (NMSA 72-2-16), so Derringer sued {Derringer v. OSE Turney, 2001-NMCA-075, 131 N.M. 40, 33 P.3d 40} to set NM case law to obtain the statutory water rights hearings, but the OSE hearing officers denied due process and confirmed Chapels’ illegal Pre-1907 water rights so as to form the basis to “remove the Nevitt/Derringers” as neighbors to the Sinaloa Cartel helicopter landing zone. Judge Fitch had orchestrated an assassination plot against Derringer, Ordered Derringer not to be able to litigate, then abandoned the assassination plot, at the last minute of hearing in 2002, because Derringer well documented it in the 10th Circuit US District Court of cases Derringer v. Fitch et al. to cover-up the entire matter. The 10th Circuit immediately dismissed all Derringer cases and illegally formed a restraining order against Derringer’s use of the United States Courts forever, (in criminal acts of USC 18-241, 242, 1503 and fraud on the court). (footnote) US District Court 10th Circuit 5-27-2008]  Derringer’s wife Susan Nevitt was dying from ALS, so Susan legally transferred the Nevitt/Derringer real property exclusively to husband David Derringer in clear Title/Warranty deed, and also legally severed the perfected OSE historical ground water rights of 60-acre feet per year exclusively to the personal property of David Derringer. Chapels illegally in fraud started a foreclosure suit CV-02-19, both as FRAUD ON THE COURT and claiming in perjury to the Court in an ex-parte hearing, that the Nevitt/Derringers were simply tenants of landlords Chapels to illegally claim over $1.2 Million of Derringers personal property alleged “abandoned” (under gunpoint),

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as well as the $1.5 Million dollars of 40-acre real property in FRAUD ON THE COURT. The NM Supreme Court instantly selectively assigned Judge John Pope who had been in cocaine rehabilitation 9 times to preside over the orchestrated “removal of the Nevitt/Derringers” in every illegal act against foreclosure laws. Judge Pope was found to be addicted also to cocaine and been in rehab over 9 times with the NMSC claiming to the public that “he had the flue”. On January 11, 2006, wife Susan Nevitt in her ALS condition, was staying with her mother, with Derringer alone on the ranch. Judge Pope arranged with the Sinaloa Cartel to criminally attack Derringer in planned assassingaiton, wherein 40 or more Sinaloa Cartel tore off the front Derringer property gate, killed a Derringer dog and cat to precipitate a “fire fight” with intent to murder Derringer. The New Mexico State Police only intervened as a “pose to protect Derringer’ to prevent casualties so as to easily remove Derringer illegally to facilitate the adverse takeover of the legal Derringer property, forcing Derringer out “as planned” for the Chapels and Sinaloa Cartel adverse possession of the property. This rendered Derringer homeless by fraud and foreign and domestic terrorism at automatic gunpoint from the Derringer legal property. Immediately, upon Chapel adverse possession Chapel destroyed every structure on the Derringer property, stole every item of personal property, and started using the Derringer personal property 4 ground water wells illegally. Chapels have illegally stolen/used over 18 years 7 months of the Derringer 60-acre feet of Pre-1907 ground water. Chapels have used 363,649,652.388 gallons of exclusively Derringer water of 1,116 acre feet, wherein there is no jurisdiction of the OSE to illegally delegate Chapels’ ownership of the Derringer Pre-1907 groundwater as it is filed as personal property in Catron County under David Derringer. Mathers v. Texaco, Inc., 77 N.M. 239, 421 p.2d 771 (1966). OSE Wayne Cannon destroyed OSE records of the legal transfers of 4 Pre-1907 well ownership from Derringer’s wife Susan

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Nevitt before her death to all rights exclusively to husband David Derringer. Chapel has used 1,116 acre feet of Derringer water in criminal larceny, or $363,649,652.39 owed to Derringer at $1.00 per gallon. In February, 2016, before the death of wife Susan Nevitt from ALS, Susan and David Derringer for the record signed and transferred all 4 Nevitt/Derringer Pre-1907 ground water well co-ownership of Nevitt/Derringer to exclusively the personal property ownership of David Derringer. Wife Susan Nevitt died in April, 2016. OSE, Wayne Canon destroyed public record of the notarized Nevitt/Derringer well transfers, 2-18-2016, and also destroyed public record of the Derringer receipt of the 4 well transfers to exclusively David Derringer of proof receipt document (18 USC 1519). Clearly, the conspiracy and fraud was planning future intent of OSE Wayne Canon to forge signatures to illegally transfer the 4 wells to the adverse possession of Mick C. Chapel and the Sinaloa Cartel. In 2012, Derringer moved to the Albuquerque West Mesa Pajarito open range, with the 32 working and breeding horses from the Derringer Quemado ranch, and realized that the same Sinaloa Cartel operated unrestrained in “sanctuary” city Albuquerque, and Bernalillo County, with Governor Michelle Lujan Grisham facilitating the New Mexico/Mexico border “wide open” to assist the Sinaloa Cartel RICO operations against the US public in the Democrat political insurrection coup to over-throw the United States. It is found that the English Barclays Bank (shell-Western Albuquerque Land Holdings LLC) owns the Santolina west mesa property assisting the RICO operational staging area for all RICO horse rustling, drug, human, weapons, slaves, minor children and other trafficking in New Mexico and the US. This makes Albuquerque #1 in the Nation in cocaine, fentanyl, human trafficking and minor children exploited by the elite NM Judges, politicians, and administration protecting the Cartel, as why the Jeffery Epstein “Zorro pedophile ranch” was located near Santa Fe capitol of New Mexico. Prior, in 2003 Derringer

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had caught the NMLB in public corruption, stealing a horse, not belonging to either the NMLB or to the personal friend of the NMLB Inspector Tommy Padilla that he wanted to simply give the horse to his buddy Steve Jensen. Knowing personally of the fraud and criminal acts of “horse larceny” NMSA 30-16-1, Derringer exposed the NMLB by requesting IPRA documents to prove the grand larceny against both the NMLB and Steve Jensen, whereas the NMLB made false and fraudulent documents in attempts to cover up the crimes. Derringer sued and won under IPRA damages, setting Case Law for NM regarding IPRA, but the NMLB still succeeded in stealing a horse for their buddy. Derringer v. State 133 N.M. 721 (N.M. Ct. App. 2003) 2003 NMCA 73 68 P.3d 961 opinion No. 23,084. In 2014, as already a Sinaloa Cartel member family history of felony convictions of horse rustling, Sinaloa Cartel Benavidez Jr. stole 2 Derringer horses on the open range Pajarito, and admitted to the horse rustling in Derringer v. Benavidez Jr. CV-2014 07755 Answer of January 21, 2015. Derringer has been residing on the Pajarito Mesa all private lands near Albuquerque, South of the English Barclays Bank RICO racketeering all private lands of the same Sinaloa Cartel. Barclays was knowingly allowing Benjamin Benavidez Jr. to keep accessing the property Santalina, in total breach of the alleged grazing permits to be the main Sinaloa Cartel horse rustler, working in RICO conspiracy with the New Mexico Livestock Board stealing and selling in felonies stolen Derringer horses for profits. The Sinaloa Cartel has bribed and colluded with both Benavidez Jr., the NMLB, protection by NM law enforcement, and NM Judges using the Santolina as all RICO racketeering operations in the State of New Mexico.  The RICO horse rustling on the Santolina and Pajarito have now stolen 792 + Derringer horses value $79,200,000.00 ongoing since 2014. In multiple felonies by the NMLB in larceny (NMSA 30-16-1) Derringer cherished horses are being stolen murdered and illegally sold (NMSA 30-16-11) by the criminal state employees of

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the NMLB, Sinaloa Cartel, with total collusion accomplices of the State of New Mexico. All of NM officials from the governor on down are taking bribes, perks, and use of the Sinaloa Cartel drug money, drugs, and invader illegals, and continue to steal Derringer horses ongoing of lifetime value of $100,000.00 per horse, or real actual damages of $79,200,000.00 at this time, with other additional torts and extreme emotional distress and mental anguish murdering Derringer pets and working animals. The New Mexico State Police told Derringer to “leave NM, we don’t want you here, we won’t help you”. Citizen Derringer cannot stop the felons of government or get arrested or shot. Complaints with the NMAG are ignored, as Raul Torrez has admitted being bribed by international Communist George Soros with $100,000.00. The NMLB government in domestic terrorism colluded with the Sinaloa Cartel to capture, butcher-while-alive a Derringer 1-week old baby filly [Exhibit 7] and throw the dead baby horse at the Derringer residence as a death threat and intimidation to stop Derringer’s legal litigation. REASONS FOR GRANTING THE PETITIONS

The state of New Mexico has seceded from the Union and sabotaged all rule of law lying under Oath, disregarding all US and New Mexico Constitutions in a Communist coup to overthrow the United States. All 3 branches of NM government are controlled by Democrats “ordering” all law enforcement and government employees to protect the invading Mexican National Sinaloa Cartel, and to single-out, drive-out, and persecute any that oppose them, specifically as whistleblower Petitioner. This is exemplified in the total destruction and denial of all rules, law, Constitution, state and federal statures in insurrection of the Constitution and Article VI  “Supremacy Clause” Media selectively conspires to only indicate and downplay the open borders of Texas, Arizona and California, while deliberately in fraud never mentions the vile treason of NM Governor Grisham maliciously keeping the New Mexico/Mexico border open

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and unprotected as to facilitate the invasion gateway of Sinaloa Cartel as the portal to hades. NM Judiciary usurps all authority and disregards “fundamental error, lack of jurisdiction, and does malicious prosecution” to persecute and maliciously deny all rights to an American Republic citizen, subjecting David Derringer to outrageous acts in sedition and treason and now criminal RICO racketeering to stop use of the US Courts to deny due process and equal protection. This should "shock the conscience" of the US Supreme Court, wherein the NM Supreme Court has total knowledge and involved in the judicial bribery, Constitutional deprivations and egregious acts of the trial court and NM Ct. wherein many NM Judges, Justices are on cocaine and involved in pedophilia; all intertwined as all 3 NM branches of government are involved directly with RICO acts and treason against the United States aiding the Sinaloa Cartel. New Mexico Courts prior decisions in denial of due process, equal protection, denial of achieved Default judgments, and mandated sanctions against all Defendants have been denied and ignored to protect state agencies, employees, domestic terrorists and the invading Sinaloa Cartel. David Derringer’s life has been ruined, and is in peril of projected assassination, his precious animals murdered, and vast violence inflicted by New Mexico for legally continuing to exercise Derringer’s Constitutional rights, which by doing exposes the extreme judicial and public corruption and cocaine and pedophilia intertwining of RICO violations of the NM State Judiciary and other politicians involved. Under Rule 1O(a). The US Supreme Court has a duty to uphold both Constitution and uphold their own former rulings that conflict with the current carnage inflicted upon a United States citizen for purposes by the State of New Mexico for retribution, retaliation, and revenge against singled-out David Derringer that has stood up against the judicial corruption of New Mexico. This calls for the US Supreme Court's "supervisory power". Under Rule IO(b), Mandamus and Prohibition. The US Supreme Court has a duty to stop and reverse the NM

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court’s  32 years of persecution of David Derringer, originally stemming from the unknown error of buying the land in Catron County next to the major hub landing zone of helicopter invasion and operation of the Sinaloa Cartel. 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).

CONCLUSION Fraud on the court vitiates everything; Chief Justice John Marshall acknowledged that a court may grant relief from judgment where a new matter "clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself before judgment”. Marine Ins. Co. of Alexandria v. Hodgson, 11 U.S. (7 Cranch) 332, 336 (1813). Petitioner Derringer has to have restoration, replevin, vast compensation, and extreme punitive damages against all involved in the carnage against an innocent citizen, wherein even no amount of money can bring back the devastation of larceny of real and personal property things that can never be replaced, and murdered horses whose lives were needlessly taken in greed and violence of satanic individuals relishing their power over citizens and their love of evil terrorism simply enabled with power, badges and guns. Prei Inc. v. Columbia Pictures 508 U.S. 49, 113 S. Ct. 1920, 1925, 123 L. Ed. 2d 611 (1993). Petitioner was relentlessly attacked when unknowingly purchased a remote 40-acre land that happened to be right next to the invading Sinaloa Cartel helicopter landing zone for the entire RICO racketeering operations

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in New Mexico and invading the United States. To protect those vast profits and bribes of NM officials, the State of New Mexico engaged and supported all efforts by the Chapels and Sinaloa Cartel, NMLB and many other state employees, to dislodge the Nevitt/Derringers by extreme terrorism of stalking, killing over 150 Derringer animals at the Derringer ranch, threatening wife Susan Nevitt when husband David Derringer wasn’t home; all to attempt to force the Nevitt/Derringers to sell the property to the Chapels or vacate and abandon the property to stop the exposure threats to the Sinaloa Cartel. When this was not accomplished, the Derringer property was taken by terrorism and fraud. This terrorism was directly orchestrated, condoned and facilitated by the State of New Mexico, with even the New Mexico State Police demanding the Nevitt/Derringer’s to move from the State of New Mexico. This escalated over a period until the State of NM, Sinaloa Cartel, Chapels and the direct corruption of the NM Courts forced the Nevitt/Derringers off their legal property “at gunpoint”, and continue the terrorism by illegally stealing and selling Derringer horses worth $79,200,000.00 and all the torts of hundreds of $Millions. When Derringer migrated to the Albuquerque area by 2012 after the death of wife Susan Nevitt, and resided on the Pajarito, the same Sinaloa Cartel was RICO operating with all the terror and corruption with the NM Judiciary, wherein there is no sane operations by law enforcement, whereas the same as Juarez Mexico, the law enforcement of New Mexico has been purchased by drug money bribes to form the same “La Lina” paid protection for the Sinaloa Cartel. Hence, it is clear as documented that the NM law enforcement disregards all duties of NMSA 29-1-1 & 29-1-2, the DA protects and releases criminals and the NMAG took $100,000.00 bribes directly from Communist George Soros, while the Governor deliberately encourages the Sinaloa Cartel to operate with immunity by wide open NM/Mexico unguarded borders. As all NM government is on the bribery payroll of the Sinaloa Cartel, it is no wonder

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that such Defendants are told they don’t have to Answer Complaints, as their common knowledge by blood money protection bribes, the NM Judiciary will rig and protect all from liability. In this matter, the issue of the NMLB stealing horses stems directly from the vast profits of selling horse meat to Japan and Europe for $49.00 per pound and by mis-use of a badge and gun, the NMLB goes onto all private lands without any jurisdiction of forfeiture, with prohibited claims of trespass (NMSA 77-14-3(A), delegates Sinaloa Cartel Benavidez Jr.to steal and lock up hundreds of Derringer horses for the NMLB to come to “re-steal” in larceny and sell Derringer horses after only 15 days, without warrant, forfeiture, court order, without any due process and equal protection in total violation of the 4th, 5th, 14th Amendments, Tirle 42 Section 1982 and sell the stolen horses and pocket $ Millions if fraud of Derringer’s treasured live personal property animals. The NMLB from private lands without any possible jurisdiction simply loads and trailers away personal property livestock, in grand larceny, and shutting off their lapel cams to conceal evidence, using taxpayer trucks and trailers, and even as witnessed doing larceny, no citizen can stop them, lest be falsely arrested and jailed or simply shot and killed. Personal property is then illegally sold with false paperwork of bills of sale created by the NMLB and inspectors, and politicians get a cut of the pie profits to keep their mouth shut, and Judges deny redress, deny replevin, deny restraining Orders, deny default, deny all due process and equal protection, and Order Derringer not to sue the government or rustlers at the present or future and rigs the cases to defeat Derringer Ordering and threatening Derringer never again to use the United States Courts or be jailed and assassinated. In this matter, now Petitioner has legally won 18 cases, all ignored and denied so as to cover up the vast RICO operations of New Mexico. Without any possibility of Justice in New Mexico, and with the District of New Mexico 10th Circuit based in Albuquerque covering up and protecting NM Judges, the “local” federal

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court orders the Petitioner not to use the United States Courts, and even illegally Orders the court clerk not to allow filing, well before any judge has jurisdiction. Mann v. Conlin, 22 F.3d 100, 1994 Fed App. 122P cert. denied 115 S. Ct. 193, 513 US 870, 130 L.Ed2d 126. The NM corruption for protection is complete to void any justice, redress, replevin, and keep the corruption contained and intact without any “We the People” interference of the RICO operations or the Sinaloa Cartel, to keep the bribes and cocaine flowing, particularly when the federal 10th Circuit District Judges are also bribed by the Sinaloa Cartel to protect New Mexico. Clearly, all 10th Circuit Judges live in New Mexico and most in Albuquerque and know exactly what is happening here. Therefore, the Petition for an Extraordinary Writ of Mandamus and Prohibition should be granted with Orders to be enforced as necessary by the United States Marshall, as well as investigation, arrests, prosecution for all involved by the Pentagon and Department of State in the treason against the United States of all involved working directly in RICO with the invading Sinaloa Cartel, with Constitutional mandate of death by hanging. On April 9th, 2024 NMLB Justin Gray continued personally by instigation of severe additional domestic terrorism against the Petitioner stealing in larceny another 50 known Derringer horses, and E-Mails the notice of impoundment only to Derringer and none other 800,000 Bernalillo County residents to prove knowledge of the horses owned by only Derringer. This is done to terrorize the Petitioner that the NMLB had stolen more horses with the Sinaloa Cartel to send them to be murdered to horse killers, and refused to return even one horse when Derringer proved larceny, providing the NMLB with Derringer’s ownership bills of sale, historical birth photos, certificates of horse registrations, and Derringer signed notarized affidavit of ownership. The larceny and fraud of the NMLB is with absolute INTENT to steal, sell, and murder the now 792 + known Derringer horses and keep every penny of profit of illegal sales with animal abuse of

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deliberate selling to kill. (NMSA 30-16-11)-(NMSA 30-18-1(E). This entails malicious larceny of all horses and new babies each year to destroy Derringer in obstruction of justice, domestic terrorism, hate crimes and treason. It is clear, now that the NM Courts have illegally Ordered Plaintiff-Petitioner not to use the US Courts, the larceny and lawlessness has no bounds, with the NMLB E-Mailing Derringer that the stole his horses in larceny, the IPRA (NM Inspection of Public Records Act) maliciously blocks Derringer, “with knowledge” that Derringer cannot file suit against NM for violations of IPRA, cannot gain information through IPRA as to names of all auctioneers and others to sue that were involved selling the stolen Derringer horses, cannot gain information through IPRA as how many and which Derringer horses were murdered and sent to killers for slaughter and who those criminals are, and cannot gain information through IPRA as to who to sue that now has adverse possession of Derringer’s stolen horses to sue and get them back. Now, the defiance of all law is blatant and arrogant with Derringer in a third-world country as Derringer now deprived of any use of the United States Courts, forced in fear of assassination for any further use of Constitution, without any viable courts or rule of law.

REOUEST FOR RELIEF

David Derringer has been targeted and persecuted as a whistleblower in hate crimes, discrimination, taking all rights under the Declaration of Independence, the US Constitution, the NM Constitution and ignoring all statutes and case laws protecting Derringer in ruing the life of Derringer for 32 years, taking Derringer’s vast real and personal property without any rule of law, or compensation, where Derringer is legally entitled to be compensated for deprivation of

all use of the courts by RICO racketeering by judges of the public corruption of New Mexico and the federal 10th Circuit District Court, and granted restitution and reparations. Relief should be against all respondents as follows:

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1.      Order-The State of New Mexico is the head of operations of RICO going on, with knowledge of both the invading Sinaloa Cartel, felon state employees, RICO operations by use of the Santolina owned by a foreign corporation of England-British Barclays Bank, and has knowledge that top officials of the Governor aids and facilitates by open borders, the NMAG took bribes of $100,000.00 from international Communist George Soros expressly for the sabotage of the Article III to destroy the judicial system to create violence, crime and chaos. As whistleblower Petitioner was forced in self-defense to litigate seeking “Justice”, Derringer was relentlessly singled-out and targeted to ruin and decimate Derringer’s life to persecute and set an example to deter anyone similarly situated to not ever expose or attack the wrongdoing of “government”. Order is requested against the State of New Mexico for an amount of $34 Billion dollars, for 32 years of relentless attack, persecution, foreign, domestic, and judicial terrorism and hate crimes, and as a state seceded  from the Union as a rogue foreign enemy of the United States, all federal funds should be Ordered denied as the State of New Mexico is a traitor to America in sedition and insurrection. Owen v. City of Independence, US Supreme Court 445 US 622 (1980) No. 78-1779.

1.      Order-The New Mexico Supreme Court, has with direct knowledge condoned, promoted and accelerated to disregard for all rule of law, knowingly allowing recused Judges in fundamental error, jurisdictional defect, bribery, falsification and destruction of court records to conceal bribery and collusion, disregard of all Rules, and of knowledge of extreme state employee felony acts, to deny all proper Petitions for Mandamus, Superintending Control, redress, replevin; all without any mandated reasons, supporting authorities and then denied again all Motions for Reconsideration without the same.

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2.      Order is requested for $50,000,000.00 for punishment of treason, sabotage of Article III, collusion with the Sinaloa Cartel bribery “protection” and directly knowingly allowing RICO operations in New Mexico to flourish by protection of the courts. In re Sawyer, 124 U.S. 200 (1888); U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821); 18 U.S.C. Section 2382. Additionally, Derringer is entitled to relief of all the denied Default judgments and requested sanctions in the former cases of No. S-l-SC-39680, Court of Appeals No. A-I-CA-40690, 7th District Court: CV-94-10; CV-02-19, D-727-CV-2021-00028, 13th District Court: D-1314-CV-2021-00541 -Derringer v. Davis & Derringer v. State of New Mexico ete al., 2nd District Court: D-002-CV-2014-07755, CV-2022-03437, CV-2023-05227, CV-2023-07042, CV-2023-09203, CV-2023-09552, CV-2023-09874, CV-2024-00261.

3.      Order-2ND DISTRICT COURT knowingly ignoring and defeating perfected Petitioner’s won Default Judgments by Ordering Plaintiff not to file pleadings, not to ever use the United States Court system, Order the Plaintiff not to represent himself Pro-Se, knowingly steal paid jury fees while denying trial, knowingly allowing recused judges to preside, hand selecting corrupt judges not random to deliberately rig cases, holding ex-parte meetings with Defendants to advise they don’t have to Answer the Complaint, holding ex-parte hearings without jurisdiction and without the presence of the Plaintiff and allowing Defendants to present testimony and exhibits and witnesses without standing in Default and to no knowledge of the Plaintiff, refusal to relinquish jurisdiction when appeal has been filed, and violation of all rule of law and Rules of the court to criminally falsify and distort the court records. Order is requested for all Plaintiff

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4.      Derringer won by DEFAULT and FRAUD ON THE COURTS, Cases of 2nd District Court: D-002-CV-2014-07755, CV-2022-03437, CV-2023-05227, CV-2023-07042,

CV-2023-09203, CV-2023-09552, CV-2023-09874, CV-2024-00261 to be granted as to all counts and in all amounts requested in Complaint with facts of the case to be sustained by Complaint well pleaded, law of the case by the Complaint and Plaintiff’s pleadings, and award additionally all requested sanctions requested. Order additionally from the 2nd District Court $50,000,000.00 for punishment of treason, sabotage of Article III, collusion with the Sinaloa Cartel bribery “protection” and directly knowingly allowing RICO operations in New Mexico to flourish by protection of the courts. In re Sawyer, 124 U.S. 200 (1888); U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821); 18 U.S.C. Section 2382.

5.      Order-7th DISTRICT COURT Order is requested for all Defendant-Plaintiff Counterclaims Derringer won by DEFAULT and FRAUD ON THE COURTS, Cases 7th District Court: CV-94-10; CV-02-19; D-727-CV-2021-00028, to be granted as to all counts and in all amounts requested in counter-Complaint with facts of the case to be sustained by Complaint well pleaded, law of the case by the Complaint and Plaintiff’s pleadings, and award additionally all requested sanctions requested. Wherein, Mickey Chapel, Jennifer Chapel, Benjamin Chapel, John Chapel, did extreme sabotage and fraud on the court, falsifying the court record, paid and promoted perjury of testimony of OSE Wayne Canon, falsified foreclosure, and stole the Derringer ranch at gunpoint of automatic weapons working with the Sinaloa Cartel, bribed Catron County Sheriff Snyder, and NMSP to drive Derringer from his legal ranch, kill Derringer’s cat and dog

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in attempts to precipitate a firefight with motives to assassinate Derringer and then destroyed all structures, stole in larceny all personal property and stole without legality all pre-1907 perfected ground water rights, with gunpoint thereafter barring Derringer from the adverse possession of the property to exercise ingress and egress to use water rights, while Chapels’ stole exclusively Derringer water of 1,116 acre feet of Derringer water in criminal larceny, or $363,649,652.39 owed to Derringer at $1.00 per gallon. Order the 7th District Court to be punished $50,000,000.00 for punishment of treason, FRAUD ON THE COURT, sabotage of Article III, collusion with the Sinaloa Cartel bribery “protection” and directly knowingly allowing RICO operations in New Mexico to flourish by protection of the known Chapels’ Sinaloa Cartel helicopter landing zone use of the Chapels’ property for drug, human, minor children, automatic firearms, and other contraband use and protection from the courts. In re Sawyer, 124 U.S. 200 (1888); U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821); 18 U.S.C. Section 2382.for FRAUD ON THE COURT, sabotage of Article III by treason. Order the Chapels’ reparations, restitution, and replevin the amount of $1.2 Million of Derringers personal property alleged “abandoned” (under gunpoint) wherein Chapels’ fraud on the court for illegal confiscation was perjury that Derringers were simply tenants of landlords Chapels. Order Chapels’ payment of $2.5 Million dollars of 40-acre real property taken in FRAUD ON THE COURT depriving Derringer his legal use, ownership and residence for now a period of 18 ½ years, and reinstate the legal clear warranty title of the Derringer 40-acres without encumbrances, conditions, or conveyances back to the exclusive ownership of David Derringer. Order Chapels’ to pay the amount of illegally used exclusively owned

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Derringer Pre-1907 groundwater over 18 years 7 months of stealing the Derringer 60-acre feet of Pre-1907 ground water, where Chapels have used 1,116 acre-feet of Derringer water in criminal larceny, or $363,649,652.39 owed to Derringer at $1.00 per gallon, and Order that Chapels’ have no ownership or claim of Derringer’s perfected and adjudicated 60 acre feet of groundwater separated as personal property of David Derringer as filed for record in Catron County in 2004, wherein there is no jurisdiction of the OSE to illegally delegate Chapels’ ownership of the Derringer Pre-1907 groundwater as it is filed as personal property in Catron County under David Derringer. Mathers v. Texaco, Inc., 77 N.M. 239, 421 p.2d 771 (1966). Order any and all other remedy against the Chapels’ working directly in treason against America orchestrating the invasion and RICO operations of the helicopter landing zone of the Sinaloa Cartel on the Chapel property, and illegal use thereof of the adverse possession of the Derringer property for same for the last 18 ½ years. Order Chapels’ to pay the amount of $10,000,000.00 for the stripping the Derringer property of all structures of cabins, barns, residence, pens, arenas, round training pens and all other structures built by Derringer over a period of 14 years, as hate crimes against Derringer.

6.      Order-13TH DISTRICT COURT Order is requested for all Plaintiff Derringer won by DEFAULT and FRAUD ON THE COURTS, Cases 13th District Court: D-1314-CV-2021-00541 -Derringer v. Davis & Derringer v. State of New Mexico, NMLB et. al. 00261 to be granted as to all counts and in all amounts requested in Complaint with facts of the case to be sustained by Complaint well pleaded, law of the case by the Complaint and Plaintiff’s pleadings, and award additionally all requested sanctions requested. Order additionally from the 2nd District Court $50,000,000.00 for punishment of treason,

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sabotage of Article III, collusion with the Sinaloa Cartel bribery “protection” and directly knowingly allowing RICO operations in New Mexico to flourish by protection of the courts. In re Sawyer, 124 U.S. 200 (1888); U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821); 18 U.S.C. Section 2382.

7.      Order-US District Court 10th Circuit for the District Of New Mexico, Order restitution and reparations for Petitioner $50,000,000.00 for punishment of treason, sabotage of Article III denying a United States Citizen use of the courts at any time of the present and in the future, without any jurisdiction over future suits in violation of 42 USC 1981, 1983 rights to sue, and sabotage and usurpation of jurisdiction and authority designed to protect NM Judges that have violated all law, with underlying motives of collusion with the Sinaloa Cartel bribery “protection” and directly knowingly allowing RICO operations in New Mexico to flourish by protection of the courts, and Order that David Derringer has every Constitutional rights under the 1st, 4th, 5th, and 14th amendments to use the United States Courts for filing Complaints, pleadings, and other court papers and can represent himself as pro-se in any court in the United States of America and is not subject to “permission” from any Judge, is not required as singled-out in discrimination to have to have an attorney, and Derringer’s Complaints, pleadings, or other court papers cannot be read and perused by any judge until assigned the case with jurisdiction. Stump v. Sparkman, 435 U.S. 349 (1978); Shucher v. Rockwood, 846 F.2d 1202 rehearing denied, cert denied 109 S. Ct. 561, 488 US 995 102 L.Ed.2d 587; In re Rochkind, 128 B.R. 520 Mich. 1991 Order additionally from the US District Court 10th Circuit for the District Of New Mexico $50,000,000.00 for punishment of treason, and sabotage of Article III. In

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re Sawyer, 124 U.S. 200 (1888); U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821); 18 U.S.C. Section 2382.

8.      Order-New Mexico Livestock Board to pay Petitioner Derringer all gross money received, without any set-offs, money equivalent of trades, barter or other compensation for each of the individual now 792 + known stolen Derringer horses as every $penny of monies (obtained prior to paying auctioneer, help, transportation, feedings or other alleged costs) received from any person, corporation, rescue, or other entity for the illegal sales of stolen in larceny (NMSA 30-16-1) illegal sales of stolen property (30-16-11) 792 + known stolen Derringer horses, and mandate disclosure of all names of any and all persons or entities that have, or have had possession at any time of the Derringer horses, detailing descriptions of each horse, with names, addresses and other means of future suing each person, rescue facility, holding pens or other that facilitated the holding of the  known Derringer horses and for what time frames the horses were in adverse possession.    Order the New Mexico Livestock Board to return all Derringer horses stolen as to immediately find and return every horse still alive of the 792 horses that have been stolen by the NMLB in grand larceny since 2019 from known legal owner David Derringer as the NMLB working in RICO racketeering with the Sinaloa Cartel. Arrest is mandated of any person in adverse possession of known Derringer horses under NMSA 29-1-1, 29-1-2, 77-9-22(F), 77-9-33, 30-16-1, 30-16-11, and, abuse of animals deliberately killing horses of known owner David Derringer NMSA 30-18-1(E). The NMLB will be held liable to give owner Derringer a verifiable receipt of each of the known horses the NMLB illegally sold in felonies under NMSA 30-16-11, with full documentation as to every

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person or entity that ever had illegal adverse possession of each horse. The NMLB is mandated to provide veterinarian certificates of health for each horse returned, with certification that no stallion is gelded, or mare spade. The NMLB will give to owner Derringer “every $ cent of money” they received illegally selling known Derringer horses to any party (NMSA 30-16-11). Any horse stolen in grand larceny by the NMLB not returned is presumed to have been sold and murdered for meat and is mandated to be paid for, with additional punishment and damages. The NMLB will provide a date and time to return all stolen known David Derringer 792 + horses to the Derringer residence on  the Pajarito while in presence of known owner David Derringer. The NMLB will be Ordered liable in punishment in the amount of $25,000.00 per horse for the act of larceny and related terrorism of my precious animals in forced transportation, and related trauma. The NMLB will be Ordered responsible for an amount of $50,000.00 per horse of any horse gelded or spade, and the amount of $25,000.00 for any horse illegally branded with mandate to provide notarized documents that the horse was illegally branded and is the legal property of David Derringer. Any of the known Derringer 792 horses not returned will be considered that the NMLB facilitated the murder of each of the horses sold deliberately to horse killers, sold out of the country, murdered by the NMLB or others at the direction of the NMLB, whether butchering sales to killers for meat, sadistic retaliation or other evil, and Order the NMLB liable for the value of each horse, whether adult or foal in the amount of $100,000.00 per horse, with the additional $25,000.00 for the grand larceny, and punishment of an additional $100,000.00 for the murder/loss of each Derringer animal. The NMLB Ordered responsible for an additional amount of $10,000.00 for each of the 792 horses that the NMLB deprived Derringer rights to private

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property ownership and control under 42 USC Title 1982, for the loss of time to have Derringer possession of personal property by your illegal captivity, or the murder of the animal, all which deprived Derringer’s ability of training, use, companionship, enjoyment. and Prohibition of any future contact by the NMLB with any Derringer animals. Each Derringer mare stolen was with nursing foal on the ground but also already pregnant, wherein all babies of each Derringer mare Ordered to be returned, with all offspring of each Derringer mare, pregnant or foaled at any time. Each time the NMLB stole a mare they stole 2 horses as felonies per horse. (NMSA 30-16-1) If no Derringer horses are returned, the value of the entire herd of 792 is $79,200,000.00 with the value of the tri-color Paint breeding stallion stolen by Justin Gray on May 9, 2024 valued at $200,000.00. Order all other further stated punishment amounts per horse to apply as detailed above, as an additional $25,000.00 for each horse larceny, $10,000.00 for each horse containment from Derringer, and $100,000.00 for the murder of each horse not returned.  Separately Order payment for each horse as stolen by the individuals of Belinda Garland, Darron Shawn Davis, Francisco Cisco Lovato, Justin Gray, Manuel Monte, Randall Riley, George Mendoza, and punishment of $10,000,000.00 from each in treason with the invading Mexican National Sinaloa Cartel in RICO racketeering horse rustling. Prohibition against the individuals of Belinda Garland, Darron Shawn Davis, Francisco Cisco Lovato, Justin Gray, Manuel Monte, Randall Riley, George Mendoza, to never come closer than 100 yards from any Derringer animal, or to ever interfere with the private property rights of personal property ownership control and possession of David derringer's personal property horses in direct violation of 42 USC 1982. Order that

time has elapsed that each mare would have been re-bred to have an additional one or

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two generations of also owned Derringer offspring to be immediately returned to owner Derringer.

9.      Order an investigation, arrest and prosecution against all NM State, NMLB employees and individuals of Belinda Garland, Darron Shawn Davis, Francisco Cisco Lovato, Justin Gray, Manuel Monte, Randall Riley, George Mendoza for treason under 18 USC 2381, 2382, 2383, with Order- NMLB Officers Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Belinda Garland, Manuel Monte, George Mendoza, to pay Petitioner Derringer each separately and distinctly the amount of $25,000,000.00 for non-immune acts of subversion against the public in treason working in sabotage of duties for personal gain in the RICO horse rustling Sinaloa Cartel operation on the foreign-owned Santolina property, and using Derringer’s tax-paid trucks, trailers and other public equipment to steal and transport, and conceal stolen livestock. Schear v. Board of Cnty. Comm'rs, 1984-NMSC-079, 101 N.M. 671, 687 P.2d 728.; Weinstein v. City of Santa Fe ex rel. Santa Fe Police Dep't, 1996-NMSC-021, 121 N.M. 646, 916 P.2d 1313.; Torres v. State, 1995-NMSC-025, 119 N.M. 609, 894 P.2d 386.; RICO 18 U.S. Code Chapter 96 - Racketeer Influenced And Corrupt Organizations 1962-1970; In re Rochkind, 128 B.R. 520 Mich. 1991. 

10.  Order- private citizens Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, George Mendoza, to pay Petitioner Derringer each separately and distinctly the amount of $30,000,000.00 for willfully working in treason and RICO racketeering horse rustling with the Sinaloa Cartel and Sinaloa Cartel Benjamin Benavidez Jr. and Sinaloa Cartel Dennis Chavez AKA D.C. Livestock Auction, SW Livestock Auction, SW Event Center, and Dixon Auction horse killers for

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obtaining personal profit from larceny (NMSA 30-16-1) and illegal sales (NMSA 30-16-11) of known Derringer horses, with domestic terrorism against Derringer, attempting extortion and ransom of known Derringer animals and other obstruction of justice, intimidation, harassment and hate crimes against Petitioner Derringer. RICO 18 U.S. Code Chapter 96 - Racketeer Influenced And Corrupt Organizations 1962.; In re Rochkind, 128 B.R. 520 Mich. 1991.18 USC 241, 242, 1503, 1505, 2381, 2382, 2383 U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821); 18 U.S.C.

11.  Order- New Mexico Office of the State Engineer to pay Petitioner Derringer the amount of $50,000,000.00 for subversion of Article III enabling employees John D’Antonio, and Wayne Canon to lie under Oath to a court of law in CV-94-10 with the intent to falsify court testimony to enable Chapels to claim in fraud Pre-1907 surface water rights under falsification of Declaration #02311 in order to have water rights illegally on the Chapels’ owned lands being used as the Sinaloa Cartel helicopter landing zone at MM21 on Hwy 32 Quemado, New Mexico, and for use in subversion of Article III as a weaponization of the courts to dislodge, exploit and defeat the valid claims of the Nevitt/Derringer’s legal applications of water #4615 and #4615 Amended in order to force Derringers to leave the area of the Sinaloa Cartel RICO zone of drug, human, and other contraband trafficking. Order- New Mexico Office of the State Engineer to pay Petitioner Derringer the amount of $500,000.00 for subversion of Article III enabling employees John D’Antonio, and Wayne Canon to destroy public records of the Nevitt/Derringer legal adjudicated Pre-1907 4 supplemental wells on the Derringer property outside of any jurisdiction of the OSE and wherein the latest wells were drilled prior to the closure of

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the Gallup basin, leaving the OSE with no jurisdiction, and the subversion of destruction of public records of the legal transfers of Derringer’s wife Susan Nevitt transferring her interest in the Derringer wells as “wife to husband” on February, 2016 prior to Susan Nevitt’s death in April, 2016.

12.  Order-private citizens each and separately John D’Antonio, and Wayne Canon to pay the amount of $25,000,000.00 to Petitioner David Derringer for the destruction of public records of the Nevitt/Derringer legal adjudicated Pre-1907 4 supplemental wells on the Derringer property outside of any jurisdiction of the OSE and wherein the latest wells were drilled prior to the closure of the Gallup basin, leaving the OSE with no jurisdiction, and the subversion of destruction of public records of the legal transfers of Derringer’s wife Susan Nevitt transferring her interest in the Derringer wells as “wife to husband” on February, 2016 prior to Susan Nevitt’s death in April, 2016.

13.  Order suspension of all federal funds to the State of New Mexico due to treason, secession, State suspension of the Constitution and all rule of law in violation of the “Supremacy Clause” of Article VI, and any other punishment for insurrection and secession from the Union, at the discretion of the Court.

14.  Order-Prohibition of all named respondents from any present and future contact or interference with the Petitioner, petitioner’s real and personal property, Petitioners animals, family friends under rights of freedom, liberty, pursuit of happiness and under 42 USC 1981, 1982, 1983, 1985, 1986 and Jones v. Mayer Co., U.S. Supreme Court 392 U.S. 409 (1968) No. 645.

15.  Order-Any other and just punishment, sanctions, and disciplinary actions against any co-

conspirators and respondents as the Court deems just and proper. and any other and

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further relief, compensation and restitution to be awarded to David Derringer.

Respectfully submitted by ______________________________________

David Derringer P.O. Box 7431 Albuquerque, New Mexico 87194

CERTIFICATE OF COMPLIANCE

Petitioner, David Derringer, acting in forma pauperis, pro-se, has provided the Petitions in format Rule 33(2) with less than 40 pages in double-spaced type Times New Roman.

CERTIFICATE OF SERVICE

 I hereby certify that in forma pauperis, I caused 1 true and correct original of the foregoing Emergency Petition for Extraordinary Writ of Mandamus and Prohibition, with 1 full copy of Addendum attachments, with the authorization of the USSC Clerk due to forma pauperis not able to copy 11 copies, to be sent revised on the 6th day of July, 2024 for filing to: The Supreme Court of the United States, 1 First Street N E Washington, DC 20543.

By ______________________________David Derringer, Box 7431, Albuquerque, NM 87194

VERIFICATION

I, Petitioner David Derringer, representing myself Pro-Se, herby state under Oath,

that I declare under penalty of perjury, under the laws of the united states of America,

I swear and affirm that all facts, statements and exhibits are true and correct.

By ______________________________David Derringer, Box 7431, Albuquerque, NM 87194