DAVID DERRINGER V. STATE OF NEW MEXICO EXPOSING PUBLIC AND JUDICIAL CORRUPTION

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

David Derringer,                                                                     No. S-1-SC-40462

                                                                                                NM Ct. App No. A-1-CA-41828

Petitioner-Plaintiff,                                                     Bernalillo County

CV-2023-09874

V.

Barclays Bank, Western Albuquerque Land Holdings LLC, Ted Garrett,

Respondents-Defendants,  

PETITIONER DAVID DERRINGER’S MOTION FOR TIMELY FILING UNDER Hazel-Atlas Glass Co. v Hartford-Empire Co., 322 U.S. 238 (1944) No. 398 DUE TO FRAUD ON THE COURT AND FELONY ATTACK AGAINST THE PLAINTIFF BY JUDGE O’CONNELL, JUDGE HANISEE, AND JUDGE IVES; REQUEST FOR SANCTIONS WITHOUT BOUNDARIES

Comes now the Petitioner with his motion properly represented and sustained by case law that the NM Supreme Court is mandated to entertain the most egregious of underlying acts in a Petition for Writ of Certiorari No. S-1-SC-40462 as the underlying fraud on the court, sedition, treason, subversion of Article III, and malevolent involvement of judicial bribery and judicial terrorism is paramount to the simply denial of a petition based solely on a Rule involving an alleged later date of filing, that denies due process and equal protection with motives of sabotage and deceit.  US v. Guest, US Ga. 1966, 86 S.Ct. 1170, 383 US 745, 16 L.Ed.2d 239 “This section (Title 18 Section 241) pertaining to conspiracy against rights of citizens encompasses due process and equal protection clauses of USCA Constitution Amendment 14 and is not unconstitutionally vague.”

Pretext: The Petition for Writ of Certiorari was timely filed, with no time limits due to FRAUD ON THE COURT, conspiracy and collusion of Judges usurpation of power with fraud, perjury of oath, and criminal treason under 18 USC 2381, 2382, 2383, [1] and this was already stated in the Petition, whereas the Court could not deny filing and proper due process and equal protection, by manipulation of the Rules of filing due [2] to the underlying fraud on the court and treason by Judges denying due process and equal protection that supersedes the Rules under case law Hazel-Atlas Glass Co. v Hartford-Empire Co., for “justice” to be of foremost importance, not the Rules of the court. Madrid v. Spears, 250 F.2d 51 (10th Cir. 1957) “Rules do not purport to abolish distinction between equity and law.”  Fraud on the court is the one of the only remedies in law that does not have a time limit to set aside the judgment that was obtained by the fraud on the court. Therefore, if bribery of a judge is discovered many years after a judgment or Order declared, that judgment or Order could still be reconsidered and set aside through a fraud on the court claim. As discussed further, it is quite obvious under provable circumstances that this Court seeks to block Justice and redress that is mandated against the “DEFAULTED” Defendants Barclays Bank et al due to their real property being the staging area and distribution point for RICO operations in New Mexico involving horse rustling against the Petitioner, but also the vast $32 Millions of dollars of Sinaloa Cartel income from RICO operations of drug and human trafficking, illegal alien minor children sold as slaves to pedophiles, and other vile activities, that finance protection of RICO by judicial bribery. Although the Petitioner’s instant concern is the grand larceny of now 792 known Derringer horses of value $79,200,000.00, by use of this real “Santolina” property, as a Patriot US Citizen, there is also the great concern of the treason involved here, granting protection of the Sinaloa Cartel and all domestic terrorists, including the state employees of the New Mexico Livestock Board, all law enforcement and others directly involved. DHS claims the Sinaloa Cartel in New Mexico reaps over $32 Million dollars “per week”, enabling direction of vast bribe amounts to NM Judges and officials. Officials taking Millions in Sinaloa Cartel bribes are meant to perpetuate the invasion of America Democrat political agenda, to “Communize” the United States, that is killing not only New Mexicans by fentanyl and other RICO activities, but wherein the State of New Mexico is deliberately facilitating the use of open NM borders to accelerate the infiltration of these extreme crimes to the entire United States as a gateway of New Mexico “invitation” granting Sinaloa Cartel access. Las Luminarias of NM Council of Blind v. Insengard, 92 NM 297, 587 P.2d 444 (Ct. App. 1978) “Merits of case should prevail over procedural technicalities. The general policy of the Rule of Civil Procedure requires that an adjudication on the merits rather than technicalities or procedure and form shall determine the rights of litigants.” ). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), the Court stated that "It is important that the litigant not only actually receive justice, but that he believes that he has received justice." In this matter of Derringer v. Barclays Bank et al, there is a direct motive of corruption to protect the English-UK entity operations of RICO involvement in the Albuquerque NM area of Bernalillo “Santolina” and the direct involvement without any possible jurisdiction or legal capacity of the New Mexico Livestock Board doing grand larceny horse rustling. The NMLB is working without jurisdiction in fraud claims of “livestock trespass” or the fraud claims that the Santolina is a town, Indian reservation, government reservation or facility, on the indeed, exclusively private Santolina lands of the Defendants. The Santolina lands have no legal herd district and as such are “open range” legally contiguous with the Pajarito, due to “no legal fence”, designated by the non-compliant Pajarito fence (NMSA 77-16-1/77-16-4) under case law NM Ct. App. No. 12-8853 FENCE THEM OUT. The admitted Sinaloa Cartel horse rustler Benjamin Benavidez Jr. has been illegally delegated by the NMLB to citizen-steal (felon acts PER HORSE, NMSA 30-16-1) known Derringer horses, for the NMLB to re-steal, by fraudulent use of a badge and gun alleged authority where a citizen cannot stop the felons of the NMLB, or be illegally arrested or shot and killed. Monroe v. Pape, 365 U.S., at 184 “Misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.”  The NMLB, by use of the Santolina condoned by Defendants Barclays Bank et al for grand larceny attempts validity of larceny to claim in fraud “trespass” of Derringer horses legally prohibited by NMSA 77-14-3(A). The NMLB and felon state inspector employees then illegally sell the known Derringer horses for $ Millions in profit (NMSA 30-16-11) pocketed by all involved, including, but not limited to the obvious pay-offs to Defendants Barclays Bank et al. It is apparent, and understandable that Defendants Barclays Bank et al “has knowledge” of RICO racketeering horse rustling operations on their own real property, as the Defendants knowingly allow the “breach of contract” of the alleged grazing permit of Benjamin Benavidez Jr. (mandated under contract to keep the Pajarito fence compliant with NMSA 77-16-1/77-16-4; as it is not) and directly allow Benavidez Jr. and Sinaloa Cartel operations access 24/7 without any claim of trespass. Although alleged grazing permitee Benavidez Jr. has no ownership of the Santolina, the fraud use of this criminal horse rustling felon by the illegal delegation of the NMLB, is fraudulently projected as valid of the re-stealing grand larceny of the NMLB, by falsely claiming the NMLB had jurisdiction to obtain the known stolen Derringer horses from “Benavidez corrals North of Grant road”; hence directly on the Santolina real property of the Defendants Barclays Bank et al. Thus, although sustained as “knowledge”, it is immaterial whether or not the Defendants Barclays Bank knows or doesn’t know of the RICO operations on their own property, the Defendants are liable both civilly in Derringer v. Barclays Bank et al and criminally under 18 USC TREASON 2381, 2382, 2383 and RICO racketeering 18 USC 1966-1970. With the nature of 32 $ Million dollars at stake, with Petitioner’s litigation both exposing and disrupting the RICO operations, it is sustained why the New Mexico Supreme Court seeks to block the Petition for Writ of Certiorari to protect, felon state employees and agencies, protect the total discharge of duties of all law enforcement under NMSA 29-1-1, 29-1-2, 77-9-22(f), 30-16-1, 30-16-11, 30-18-1(E), and treason with RICO operations with the invading Mexican National Sinaloa Cartel; as Derringer litigation involves exposure  "eclesia" or, "called out ones."

UNDERLYING NATURE OF THE CASE FACTS MANDATING THE PROPER FILING OF Derringer v. Barclays Bank, Western Albuquerque Land Holdings LLC, Ted Garrett. CV-2023-09874: No. S-1-SC-40462

Defendants Barclays Bank et. al. are the real property owners of the West Mesa area designated named the “Santolina”. This stems from a history of this area formerly of Westland Development Corp. that was formed by claims of historical land grants from the Spanish, tracing back to the Conquistadores, whereas the alleged owners formed a coalition for land development and went bankrupt. A California Corporation took over by the foreclosed failure of Westland Development, known as SunCal Corporation LLC. SunCal also went bankrupt, whereas the English Barclays Bank purchased the entire property in the land auction, allegedly to subdivide and develop for 90,000 residences to form a new town in Bernalillo County to be known as the Santolina. Rumors are sustained by actions that the Santolina is connected with the invading Mexican National Sinaloa Cartel as laundering drug cartel monies. Under former Westland Development, citizen Benjamin Benavidez Jr. sought a grazing permit from Westland Development, whereas a stipulation of the contract was mandated for Benavidez Jr. to rebuild and conform to statutory compliance of the Pajarito fence line, the East-West dividing fence between the Santolina and Pajarito, both-all private lands with no legal herd district. The Pajarito fence line extends from Old Coors Blvd. West to the dirt road as continuation of Shelley Drive, and then as the West boundary of the Metropolitan Detention Center on West into the valley of the Rio Puerco. The original Pajarito fence was constructed about 110 years ago before the mandated NMSA 77-16-1 and 77-16-4, whereas Benavidez Jr. simply ignored the mandated build of a new compliant fence, of the grazing contract with Westland Development, and Westland Development in financial struggles allowed Benavidez Jr. to pay for grazing despite his deliberate breach of contract, as then did the new owner SunCal Corp. LLC, also in financial trouble.  Benjamin Benavidez Jr. stole 2 Derringer horses a Halflinger and Quarter Horse Palomino in 2014, plainly due to herding them from the Derringer residence open range of the Pajarito onto the Santolina. Derringer sued Benjamin Benavidez Jr. in Derringer v. Benavidez Jr. et al in D-202-CV-2014-07755 wherein in Answer, January 21, 2015, Benavidez Jr. admitted the Pajarito fence line in total non-compliance and disrepair of NMSA 77-16-1/77-16-4. Defendant Benavidez Jr. further admitted to be a Sinaloa Cartel RICO horse rustler, claiming in court record to detaining and capturing 2 Derringer horses, using Benavidez truck and trailer, in larceny (NMSA 30-16-1) and transportation of stolen livestock, to transport the known and admitted 2 Derringer horses across a County line to Valencia County, and selling the stolen horses to friend/known and formerly convicted horse rustler Dennis Chavez; AKA DC Livestock Auction, SW Livestock Auction, SW Event Center in additional felonies of NMSA 30-16-11. Through tracing, Derringer was informed by the New Mexico Livestock Board inspector Randall Riley that criminal Dennis Chavez had illegal possession of the known 2 Derringer horses under felons of NMSA 30-16-11 taken directly from the illegal herding the stolen horses onto the Santolina. Instead of the mandated arrest of both Benavidez Jr. and Dennis Chavez under NMLB duties of NMSA 29-1-1 and NMSA 77-9-22(f), with recovery and return of the stolen horses under NMSA 29-1-2, criminal Randall Riley of the NMLB force known owner Derringer to pay $60.00 ransom/extortion to Dennis Chavez and had to go to 24 Dalies Rd. off of Hwy 6 West of Los Lunas where Derringer had to recover his stolen personal property himself, (discharge of duties of the NMLB under NMSA 29-1-2). This showed a decade ago the absolute connection of the NMLB in RICO horse rustling operation with the invading Mexican National Sinaloa Cartel and direct connections with both the felon horse rustler Benavidez Jr. and the RICO horse rustling “fence” of Dennis Chavez and the corrupt AKA companies; all directly involved with property owner Defendants Barclay Bank et al of the Santolina. When Defendants Barclays Bank et al. purchased the “Santolina” around the same time as this incident, Defendants Barclays Bank had both full knowledge of the Benavidez Jr. horse rustling, the direct RICO involvement of the NMLB and direct knowledge of the Pajarito fence line non-compliant with NMSA 77-16-1. Barclays Bank had formed a “shell corporation” in Delaware to form the foreign corporation operating in New Mexico, known as Western Albuquerque Land Holdings LLC with Manager Ted Garrett. Accordingly, the “new alleged grazing contract” between Benavidez Jr. and WAHL LLC was simply a regurgitation of the former Westland Development and then SunCal Corporation. Defendants Barclay Bank et al have full knowledge n at least that admitted felon Benjamin Benavidez Jr. is the main Sinaloa Cartel RICO horse rustler, and allow specifically Benavidez Jr.’s continued “breach of contract”. Benavidez Jr. is a delegated horse rustler for the RICO operations of the NMLB on the Santolina working directly with the felons of the New Mexico Livestock Board Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, George Mendoza, and Belinda Garland to steal in larceny and multiple other felonies 792 + known Derringer horses. In fraud, without any forfeiture, court Order, warrant, and in only 15 days after rustling capture of known Derringer horses, without any due process or equal protection, and even keeping know Derringer horses after Derringer produces bills of sale, registration certificates and numbers per horse, historical photographs of birth and owner Derringer-signed and notarize affidavit of ownership, the NMLB won’t return any single proven Derringer horse. The NMLB then, after attempted ransom/extortion, illegally by fraud, produces false bills of sale to auction, sell and give to “buddies” the stolen Derringer horses and payoffs to Defendants Barclays Bank et al for the RICO use of the Defendants’ Santolina.  Accordingly, there was nothing less than grand larceny by Benavidez Jr. to grand larceny by the NMLB to illegal sales of known Derringer stolen horses without any rule of law, but nothing but the absolute conveyance, without the owner permission or legal possession, that in point of law is fraudulent. In this matter, the NMLB felon inspectors are in the Sinaloa Cartel RICO operations . in collusion with Benavidez Jr directly using the RICO lands of the Defendants Barclays Bank where the possession does not "accompany and follow the owner’s deed of personal property possession rights. The RICO actions of the Defendants allowing use of real property in RICO operations with the felons of NM State employees does not comprehend absolute bills of sale among those where the title may be separated from the legal owner without consent in larceny to alleged possession of horse rustlers as respects is nothing more than fraudulent conveyances. Hamilton v. Russell, 5 U.S. 1 Cranch 309 309 (1803). In this matter, Derringer properly sued Defendants Barclays Bank et al, where in response the Defendants produced FRAUD ON THE COURT seeking an illegal late filing and contact with the Plaintiff Derringer using falsification of dates in fraud, all without leave of the Court, sustaining total DEFAULT. Plaintiff Derringer properly sought a legal Default Judgment February 13, 2024. Without any standing, due to DEFAULT, Defendants could not file pleading, produce evidence, have witnesses testify, or further litigate against the allegations of the Complaint. Buhler v. Marrujo, 86 N.M. 399, 524 P.2d 1015 (Ct. App. 1974) “For purposes of motion to dismiss, material allegations of complaint are admitted.”. Instead, Judge O’Connell illegally allowed and in bias protected the Defendants, for the Defendants to illegally file a Motion to Dismiss the entire Complaint with also request to illegally remove the legal Plaintiff’s lis pendens before any litigation is complete. In re Acosta, 200 BR 57 “Order or judgement becomes final when all judicial labor in matter is complete.”  Without any hearing, trial, or any due process [3] or equal protection, [4] Judge O’Connell Ordered the Plaintiff’s valid cause of action for which relief could be granted entirely dismissed to protect the Defendants, Santolina owners Barclays Bank et al,  protect the NMLB felon horse rustlers with the Sinaloa Cartel, the domestic terrorists involved, as well as protect the real property of the Defendants subject to legal lis pendens, by also Ordering the legal lis pendens “removed” before litigation is complete with legally allowed appeals; thus attempting to sabotage and bar Plaintiff’s appeals.. Marine Ins. Co. v. Hodgson, 11 U.S. (7 Cranch) 332 (1813). "Without attempting to draw any precise line to which courts of equity will advance, and which they cannot pass, in restraining parties from availing themselves of judgments obtained at law, it may safely be said, that any fact which clearly proves it to be against conscience to execute a judgment. Instantly, the corrupt Communist traitor Judge O’Connell Ordered Plaintiff Derringer not to file any further pleadings, notices, court papers and Ordered Plaintiff never to again file any future law suits with threats of jail and subject to obvious motives of assassination of any further exposure of public and judicial corruption, interference by Derringer of the vast RICO operations and bribery of the Sinaloa Cartel. 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, and the Constitution of the State of New Mexico, 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); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821). Any judge or attorney who does not report the above judges for treason as required by law may themselves be guilty of misprision of treason, 18 U.S.C. Section 2382. Because the Petitioner is forced to Defend against being singled-out, discriminated against, terrorized by the State and corrupt judiciary, the Plaintiff has properly used the Courts to address issues of the constant attack to dislodge Derringer from the State of New Mexico and to ruin the life of the Plaintiff to retaliate against and set an example of the wrath and destruction the carbal coup will do to any citizen that both exposes and opposes the vast RICO corruption going on in New Mexico. Since Plaintiff Derringer has learned to use the courts, the regime has now resorted to extreme violence, use of foreign, domestic, and judicial terrorism against the Plaintiff Derringer, defying all law to attack and murder hundreds of Derringer’s pet and working horses. This is terrorism and violence and hate crimes to absolutely protect the felon state employees, Sinaloa Cartel and underlying vile activities, a corrupt team and mob of Judges that has coalesced to attempt to absolutely stop the opposition legal litigation of Derringer by treason Orders not to be able to file any new lawsuits, not to be allowed to file pleadings, notices, any court papers, and for Derringer to be barred from representing himself. Now, multiple Judges have come forth with identical Orders in treason against the entire integrity of the US Constitution Article III and totally against the Supremacy Clause of Article VI. These illegal Orders of NM Judges singling-out Derringer in discrimination and persecution as a “targeted” individual not only destroy the God-given inalienable Constitutional rights under the 1st, 4th, 5th, 7th, 8th, 9th, 10th, 13th, and 14th Amendments, but to criminally attack the Plaintiff Derringer in muzzling and subversive felonies under 18 USC 241, 242, 1503, 2381, 2382, 2383, and RICO 1966-1970. Many of the now 5 Judges that in writing filed the non-jurisdictional and fundamental error unconstitutional Orders against all rule of law and Canon in perjury of oath are Judges Brickhouse, Shepherd, O’Connell, Ortega, Fitch; are judges that a case was before the Judge involving Derringer. However, in proven additional intimidation, hate crimes and sedition, the 2nd District Judge Marie Ward, sua sponte entered the fray to personally attack Derringer, wherein Derringer has never had any case before this Judge. This was obviously done to terrorize Derringer with presentation of power as this Judge is the “Chief Judge” of the 2nd District Court, meant to intimidate Derringer that Judge Ward would ensure that Derringer could never use the 2nd District Court. Judge Ward Ordered Derringer not able to file pleadings, notices, any court papers, and not to file any FUTURE law suits, wherein clearly no judge has any jurisdiction over future events, until a case is filed and then assigned to that particular judge to have any persona or subject matter jurisdiction. Allen v. McClellan,77 N.M. 801, 427 P.2d 677 (1967) “No court can make a decree which will bind anyone but a party; it cannot lawfully enjoin the world at large, no matter how broadly it words its decree. If it assumes to do so, the decree is pro tanto brutum fulmen.”  Law not only bars any Judge to deny Constitutional rights, but the Supremacy Clause of Article VI imposes mandate that the Federal Constitution is Supreme to any conflict of state law. Marbury v. Madison 5 US 137 (1803). This entails also criminal attack felonies against Derringer’s right to sue under 42 USC 1981, 1983, and rights that the carbal conspiracy of traitor Judges in collusion and protection of the NMLB felons and Sinaloa Cartel cannot steal and murder now 792 known Derringer horses in abject terrorism and hate crimes under 42 USC 1982. Jones v. Mayer Co., U.S. Supreme Court 392 U.S. 409 (1968) No. 645 “All citizens of the United States shall have the same right, in every state and territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property. Congress provided that the right to real and personal property was to be enjoyed equally throughout the United States, and that right was to be secured against interference from any source whatever, whether governmental or private.” The judicial mafia Communist terrorism and corruption is endemic for decades in New Mexico as no new revelation, by personal experience of Petitioner Derringer. Derringer and late wife Susan Nevitt in 1992, unsuspectedly purchased property found to be neighboring to the main invasion helicopter landing zone at MM 21, Hwy 32, South of Quemado, NM of the same Sinaloa Cartel of issue in this instant matter; a neighboring property owned by Mickey C. Chapel. Sinaloa Cartel Chapel had formerly terrorized Ray Eichner not to move to the property then purchased by Nevitt/Derringers, so Eichner was the predecessor in title. Socorro Attorney Thomas Fitch had represented Eichner against Chapel when Chapel stole a portion of real property of Eichner, due to the cocaine addiction of Fitch purchasing cocaine from Sinaloa Cartel Chapel, so Fitch betrayed client Eichner by forging the signature of Eichner on a quit-claim deed to award Chapels ownership of the property he stole. To remove the Nevitt/Derringers from the Sinaloa Cartel area, after terrorism failed, Chapels sued Nevitt/Derringers, wherein attorney Thomas Fitch was suddenly confirmed as “Judge Fitch” and hand selected by the New Mexico Supreme Court to preside over Chapel v. Nevitt/Derringer. Despite Nevitt/Derringer attorneys filing a Writ of Mandamus and Writ of Superintending Control to remove Judge Fitch from a case that he had been unscrupulously involved with both parties and the property the NMSC “denied” both Petitions to ensure Judge Fitch could rig the case against the Nevitt/Derringer’s to “remove” Derringer from the Sinaloa Cartel landing zone. In addition to rigging the case, Judge Fitch did sexual harassment to Susan Nevitt (See Nevitt v. Judge Fitch 10th Circuit federal court) and attempted to assassinate Derringer and a terrorizing call to Susan Nevitt (see Derringer v. Fitch 10th Circuit federal court). Judge Fitch additionally wrecked a state car on the way to the New Mexico Supreme Court while under the influence of cocaine and vodka, and Derringer had witnessed Judge Fitch snort cocaine from the bench in hearing, and yet the NMSC still left Judge Fitch on the bench in detriment to every NM citizen that also came before him. Upon fraud Chapel rigged win, an illegal foreclosure proceeding was forced upon the Nevitt/Derringers as the means to dislodge them from their “clear warranty deed title” property. The illegal case against all law was selected to be before Judge John Pope addicted also to cocaine. Derringer also witnessed Judge Pope snorting cocaine during hearings and pass-out making any hearing worthless. The NMSC placed Judge Pope in rehabilitation 9 times, lying to the public the absence of Judge Pope was due to “the flue”. On January 11, 2006 Judge Pope teamed up with at least 40 members of the Sinaloa Cartel and attacked the Derringer ranch with gunpoint of automatic firearms in an assassination attempt against Derringer and forced Derringer’s removal from his lawful real exclusively owned real property from the landing zone area. Judge Pope remained on the bench. Judge Brennan was caught at a roadblock on cocaine and did extreme domestic violence and remained on the bench. Derringer witnessed Judge Brennan snorting cocaine in various bars of the Albuquerque area. It is noted that the New Mexico Supreme Court has total knowledge of the Judges Ordering a conspiracy against rights, deprivation of rights under color of law, obstruction of justice, intimidation, treason and collusion with RICO racketeering against Derringer with no felon Judge involved removed from the bench. Canon 3(D)(1).  

Appeal of D-202-CV-2023-09874 was taken to the New Mexico Court of Appeals under NM Ct. App No. A-1-CA-41828, of the illegal deprivation of Default Judgment, illegal Order granting dismissal of the valid suit “with prejudice” and illegal Order to release the lis pendens well before the litigation is complete. Motion to Cease and Desist was filed with the NM Ct. App. to stop Defendants allowing the RICO racketeering horse rustling on the Santolina and was denied with no reasons or authorities by the NM Ct. App. in order to protect the Defendants and Sinaloa Cartel working with the NMLB in grand larceny of 792 known Derringer horses from the Defendant’s Santolina property. On May 7, 2024 the valid appeal was dismissed with no reasons or authorities in fraud explanation that the Plaintiff had not filed a Notice of Appeal with the District Court wherein the NM Ct. App. Judge Hanisee and Ives have knowledge that if the Plaintiff filed any notice or paper with the District Court Derringer would be illegally arrested and likely assassinated. Derringer file his Motion for Rehearing on May 16, 2024 with Support Brief. The same day within moments after filing, likely not even reading the Motion for Rehearing and Support Brief, on May 16, 2024 Judge Hanisee and Judge Ives denied the Motion and Support Brief for Rehearing and ignored the contained Motion for remand to a fair and impartial Judge under 28 USC Section 455, and ignored the Motion for Sanctions Without Boundaries against Judge O’Connell, Judge Hanisee, Judge Ives and others involved in the treason. On May 16, 2024 at 2:49PM Judge Hanisee and Judge Ives denied the Plaintiff’s Motions with no reasons or authorities to protect the Defendants, Defendant’s property RICO Santalina, protect the NMLB and Sinaloa Cartel horse rustling 792 known Derringer horses and slaughtering them and deny all due process and equal protection against the Plaintiff that had won the entire case by Default of Defendants, obviously told the Defendants had no need to Answer the Complaint as the case would be rigged to defeat Plaintiff Derringer.

CONCLUSION: Defendants Barclays Bank et al never Answered the Complaint and Defaulted. Defendants did fraud on the court with a known illegal and untimely request for time extension deliberately falsifying the dates making the Motion mute. Without standing, Defendants illegally filed a Motion to Dismiss the entire Complaint and remove the valid lis pendens in fraud on the court making the Motion mute. Judge O’Connell illegally granted the fraudulent Defendant’s Motion without any hearing or trial and entirely dismissed the case with prejudice, while illegally using treason to Order Plaintiff Derringer never again to use the United States Courts, and threatened Derringer that if Derringer ever filed any court pleading, Judge O’Connell would have Derringer arrested and jailed with likely assassination. The NM Court of Appeals colluded with the treasons to ignore fundamental error and jurisdictional defect and ignores the treason underlying as party to the treason to defeat Article III of the Constitution in insurrection and sabotage to be enemies of the United States as domestic terrorists in a threat to national security.

Hence, Plaintiff Derringer has won the Case D-202-CV-2023-09874 with Default rights to a judgment awarding all Counts in all amounts with the facts taken as the allegations of the Complaint and the conclusions of law being the Plaintiff’s pleadings presented, and to award all requested sanctions and any and all other relief by the court regarding the treason of all judges and persons involved, and the mandate under Canon 3(D)(1) for this NM Supreme Court to advise the FBI, DOJ, DHS that treason against America has occurred by all involved Judges and participants. The New Mexico Supreme Court cannot manipulate the Rules of Civil procedure to block and defeat a valid appeal of FRAUD ON THE COURT, treason conspiracy against rights, deprivation of rights under color of law, and sabotage of Article III and the Supremacy Clause of Article VI in subversion against the United States of America.

REOUEST FOR SANCTIONS WITHOUT BOUNDARIES AGAINST EACH SEPARATELY OF ALL UNDERLYING DEFENDANTS BARCLAYS BANK, WESTERN ALBUQUERQUE LAND HOLDINGS LLC, TED GARRETT, JUDGES ORTEGA, DUFFY, YOHALEM, WARD, O’CONNELL, BRICKHOUSE, SHEPHERD, HANISEE, IVES, THAT ARE ALL CONSPIRACY TRAITORS AGAINS THE CONSTITUTION ORDERING DENIAL OF DUE PROCESS AND EQUAL PROTECTION AS PROVEN TRAITORS AGAINT THE UNITED STATES OF AMERICA AIDING ABETTING AND FACILITATING LARCENY OF DERRINGER HORSES DEPRIVATION OF CONSTITUTIONAL RIGHTS AND PROTECTION FOR THE INVADING MEXICAN NATIONAL SINALOA CARTEL IN A COUP AGAINT THE CONSTITUTIONAL REPUBLIC TO DEFEAT THE INTEGRITY OF THE US CONSTITUTION ARTICLE 111

All Underlying Defendants Barclays Bank, Western Albuquerque Land Holdings LLC, Ted Garrett, Judge Ortega and Judges Ortega, Duffy, Yohalem, Ward, O’Connell, Brickhouse, Shepherd, Hanisee and Ivan have transferred their loyalty from the United States in a perjury of Oath to protect the Constitution and to rule under Canon 3 (B)(1)(2): "A judge shall be faithful to the law and maintain professional competence in it. ", to a Democrat loyalty poised to destroy America by facilitation of the invading Sinaloa Cartel wreaking havoc and releasing the dogs of war against the citizens of New Mexico in RICO racketeering horse rustling and drug and human trafficking and other criminal operations on the Santolina real property in Bernalillo County owned and operated knowingly allowed by the owner Defendants Barclays Bank, Western Albuquerque Land Holdings LLC, Ted Garrett. These corrupt Judges are trying to use their bribery money from the Sinaloa Cartel to protect the Cartel and domestic terrorists that are NM State Employees working for the NMLB and other agencies reaping both drugs of cocaine and sexual slavery use of illegal alien minor children and other “perks” and profit from sales of stolen Derringer horses that realize the Plaintiff Derringer needs to be terrorized and a life ruined to force oppression and tyranny against all citizens that expose the public corruption or stand against the destruction of the rule of law. This involved conspiracy against rights, taking away all Judge jurisdiction making each Judge liable. Stump v. Sparkman, 435 U.S. 349 (1978) “A judge will be subject to liability when he has acted in the clear absence of all jurisdiction.”; Shucher v. Rockwood, 846 F.2d 1202 rehearing denied, cert denied 109 S. Ct. 561, 488 US 995 102 L.Ed.2d 587 “Judge loses his absolute immunity from damage actions when he acts in the clear absence of all jurisdiction, or performs an act which is not judicial in nature.” In this matter all stated persons herein are accomplices and facilitators, as accessories to larceny and murder of now 792 + known Derringer horses in value $79,200,000.00 in acts of colluding with the invading Sinaloa Cartel in orchestration of foreign, domestic and judicial terrorism and a weaponization of the court to wage war on the United States Constitution Article III. 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). The Judges herein deliberately deny Plaintiff-Appellant’s due process and equal protection, and force the Plaintiff to be denied hearing, denied trial, denied Motion for Reconsideration and are now blocking a valid appeal to cement the unlawful acts and defective Orders of the underlying Judge. This is extreme fundamental error and jurisdictional defect. When the Plaintiff refuses to submit to extortion and judicial terrorism, the corrupt judges simply dismiss the underlying case wherein all Defendants DEFAULTED, without any judgment for the Plaintiff and further terrorize the Plaintiff by illegal dismissal of the legal appeal with the attending Judges condoning the deprivation of use of the United States Courts in decimation of Article III. The Plaintiff-Appellant is being forced in obstruction of justice, intimidation and fraud on the court by the Judges themselves, directly motivated to cover-up collusion of state employees in RICO operations of the Sinaloa Cartel with NM public officials and all Defendants operating on the Defendant’s lands of the Santollina. The illegal dismissal of a valid appeal is to further felonies to cover-up the Sinaloa Cartel, and conceal additional damaging information and rig the underlying case for unlawful dismissal to protect every DEFAULTED Defendant, so that exposure of public and judicial corruption is contained by the carbal.  This denies all due process and equal protection that would take place in a hearing with a fair and impartial Judge wherein the Plaintiff would have "opportunity to be heard" in mandated due process and equal protection and proper DEFAULT judgments would be ordered and filed under NMRA Rule 1-055. Beal v. Reidy, 80 N.M. 444, 457 P.2d 376 (1969) "Prejudiced or biased judge would deprive party of due process of law." ; Collins v. City of Harker Heights, Tex. 112 Supreme Court 1061, 503 US 115, 117 L.Ed.2d 261 "US Tex. 1992 First Amendment, equal protection and due process clauses of Fourteenth Amendment, and other provisions of Federal Constitution afford protection to those who serve government as well as those who are served by them,.. for all citizens injured by abridgement of those protections.; US v. Anderson, 798 F.2d 919 CA7 (Ind.) 1986 "Word should in Canon.of Judicial Conduct which states that judge "should" accord to every interested person a full right to be heard, imposes mandatory standard of conduct upon judges and requires presence of both prosecuting attorneys and defendant at any proceeding which bears on outcome of pending..case." Code of Judicial Conduct Canon 3, Subd. A(4) and C(l)(a). Judges in this matter, and attending NM Judges have Ordered Plaintiff-Appellant Derringer not to ever have use of the United States Courts at the present or in the future, whereas all United States citizens can pro-se represent themselves in any state or federal court in both Civil and Criminal prosecution whether as Plaintiff’s or Defendants. NM Court of Appeal Judges disregard Canon 3(D)(1)(2) defying Oath to condone and be accessories to treason against the Constitution Article III, and against Article VI “Supremacy Clause”. All named Judges herein are in concerted conspiracy under the meaning of obstruction of justice betraying the trust embodied in a judicial position, and instead act by way of debased betrayal of the power invested in the position of judicial officer of the court, to undermine and do insurrection against the Article Ill, and more egregious when it involves the treason under the meaning of the 14 th Amendment Article 3 and criminal acts of 18 USC 2381, 2382 and 2383, working against America with invading Sinaloa Cartel enemies of the United States. Herring, 424 F.3d at 386. A judge is an officer of the court, as are all members of the Bar. A judge is not the court. People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980). The collusion with Defendants and violation of all rule of law is to do criminal acts knowingly against a citizen Plaintiff Derringer by using all weaponization of defeating all rule of law and assist the ongoing RICO racketeering of horse larceny as persecution against Derringer, wherein thus barring any restraining Orders, Replevin, restitution, redress, blocking appeals and blocking justice by Ordering Derringer not to ever use the Courts available to Derringer under the 1st, 4th, 5th, and 14th Amendments. The Judges and the carbal infestation of the administration and agencies of the State of New Mexico have a power hold in treason against every New Mexican citizen, and punish and ruin lives of anyone in opposition.  Circumstantial evidence is very conclusive that all Judges involved are accepting bribes directly from the Sinaloa Cartel for protection of all the RICO operations, and all Defendants and judges herein mentioned are also likely gaining a RICO cut of the pie of the illegal sales and killing for meat of now 792 + known Derringer horse of value $79,200,000.00, while intimidating and horse rustling against Derringer.  United States v. Hunt, No. 21-4231 (4th Cir. 2024).; Las Luminarias of the New Mexico Council of the Blind v. Isengard 587 p.2d 444, 92 NM 297 “Existence of civil conspiracy must be pled either by direct allegations or by allegations of circumstances from which a conclusion may be reasonably inferred.” In Re Rochkind, 128 B.R. 520 Mich. 1991. All Judges and Defendants and other accomplices are doing felonies and fraud on the courts to subvert the integrity of Article III in mis use of power only enabled with a badge, gun, and judicial robes, yet have the audacity to refer to themselves as “New Mexico’s finest, and ‘honorable’”. There is nothing “honorable” about treason to America and murdering innocent beautiful horses to be slaughtered for meat and profit for illegal sales as felonies of NMSA 30-16-1 and 30-18-1(E). Monroe v. Pape, 365 U.S., at 184 “Misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.”   The RICO racketeering enterprises of the invading Mexican National Sinaloa Cartel as in this matter operate on the Pajarito and Santalina and larceny contain the known Derringer horses for NMLB re-larceny after initial capture by Sinaloa Cartel Benavidez Jr. for pick-up by NMLB felon Justin Gray and Defendants owners know their property Santalina is being used for RICO operations and are totally liable. This Court has both jurisdiction and mandate to stop the RICO with replevin under 42 USC 1985, 1986, and mandates of Tyus v. Martinez, 106 Supreme Court 1787, 475 US 1138, 90 L.Ed.2d 333 on remand 800 F.2d 230 “A judge is not only entitled, but also has a duty to take all lawful measures reasonably necessary to prevent the occurrence of a crime in his courtroom.”; Sullivan v. Little Hunting Park Inc., Va. 1969 90 S. ct. 400, 396 US 229, 24 L.Ed.2d 386 "Federal Court has power to fashion effective and equitable remedy for enforcement of this section (PRIVATE PERSONAL PROPERTY RIGHTS Title 42 U.S.C. Section 1982), and such remedy is available in state court if latter is empowered to grant relief generally."; Scheuer v. Rhodes, 416 US 232, 241 (1974) "the public interest requires decisions and action to enforce laws for the protection of the public." , Jones v. Mayer Co., U.S. Supreme Court 392 U.S. 409 (1968) No. 645. Based on Harrison v. Bd. of Regents of the Univ. of New Mexico, 2013-NMCA-105, 2, 311 P.3d 1236, Plaintiff-Derringer seeks "justice" for this NM Supreme Court to sanction each separately of all underlying Defendants Barclays Bank, Western Albuquerque Land Holdings LLC, Ted Garrett, Judges Ortega, Duffy, Yohalem, Ward, O’Connell, Brickhouse, Shepherd, Hanisee and Ives for an amount of $100,000.00, payable to victim Plaintiff David Derringer wherein this case is both doing acts involving both deprivation of all due process and equal protection as fundamental error and based on subversion and treason in protection of felons and the underlying RICO racketeering of the invading Sinaloa Cartel as the most egregious acts any corrupt Judges could perform in treason. In Harrison v. Bd. of Regents of the Univ. of New Mexico, the NM Ct. App. concluded that severe sanctions were necessary as "sufficiently significant in light of the misconduct at issue and the relative size and resources of the wrongdoers." The most egregious act of a Court is betraying the trust reposed as an officer of the court certainly calls for the most severe sanctions. This Court has a duty and responsibility with the Court's inherent authority as "the need to prevent abusive litigation practice and preserve the integrity of the judicial process", so as to immediately grant the Plaintiffs request for sanctions of $100,000.00 against all named above, with treason judges to be removed from the bench. 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). Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), the Court stated that "It is important that the litigant not only actually receive justice, but that he believes that he has received justice." Galindo v. Western States Collection Co., 477 P.2d 325, 82 N.M. 149 “N.M. App. 1970 Judicial officers are not liable for erroneously exercising their judicial powers, but they are liable for acting wholly in excess of their jurisdiction; the distinction is between an erroneous exercise of jurisdiction and a usurpation of authority. Under the auspices  of these corrupt Judges, in only the last month from April 9, 2024 to May 9, 2024 NMLB felon employee Justin Gray has acted directly with Sinaloa Cartel Benjamin Benavidez Jr.  with all supporting use of the RICO horse rustling lands of the Santolina owned and knowingly operating with the above Defendants to steal another 82 more known Derringer horses, of value of larceny in one month of $8.2 Million dollars, and extreme torture and emotional distress against Derringer.

CERTIFICATE OF SERVICE    7-11-2024

Respectfully submitted by __________________________________________________

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

Certificate of Service 7-11-2024

I certify that I sent by mail a copy of this Motion to the New Mexico Supreme Court at:

237 Don Gaspar Ave., P.O. Box 848Santa Fe, NM 87504

[1] To cover-up and protect the Defendants and Sinaloa Cartel RICO operations, when the Defendants Barclays Bank constructed FRAUD ON THE COURT and in Default of the Complaint, Judge Erin O’Connell ordered the criminal attack on the Plaintiff Derringer not to ever again now, or in the future use the United States Courts judicial system under threat of jail, with underlying motives of assassination. This is stated Judicial perjury of Oath and absolute treason against the United States of America defined in the US Constitution 14th Amendment Section 3, and criminal 18 USC 2381, 2382, 2383, 241, 242, 1503, 1505 and RICO 1966-1970. Now, there is a “team” of judge subversives involved.

[2] Gengler v. Phelps, 89 N.M. 793, 558 P.2d 62 (Ct. App. 1976) “Rule 16-804 mandates “fair play”..should not attempt to take advantage of technical errors under the rules of civil procedure, as neither the trial court nor the appellate court will condone this practice.”; A judge is not the court. People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980).

[3] At least a hearing is fundamental for due process, without such is fundamental error and prohibits judicial jurisdiction making such actions jurisdictional defect. Caperton v. A. T. Massey Coal Co. 129 S. Ct. 2252 (2009).

[4] US v. Kozminski, US Mich 1988, 108 S. Ct. 2751, 487 US 931, 101 L.Ed.2d 788, on remand 852 F.2d 1288 “Statute prohibiting conspiracy to interfere with rights secured by Constitution or laws of the United States created no substantive rights, but prohibits interference with rights established by Constitution or laws and by decisions interpreting them.”

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

David Derringer,                                                                                 No.

                                                                                                            No. A-1-CA-41648

Petitioner-Plaintiff,                                                                             Bernalillo County

CV-2022-03437

V.

STATE OF NEW MEXICO, BERNALILLO COUNTY SHERIFF’S DEPARTMENT, VALENCIA COUNTY SHERIFF’S DEPARTMENT, NEW MEXICO STATE POLICE, FRANCISCO “CISCO” LOVATO, (as an individual), KYM D. DAMZYN, MIER PEDRO, RAMON MANQUERO, DENNIS CHAVEZ, SW EVENT CENTER LLC, D.C. LIVESTOCK AUCTION, SOUTHWEST LIVESTOCK AUCTION, BENJAMIN BENAVIDEZ JR., and BENAVIDEZ RANCH,

Respondents-Defendants,  

PETITIONER DAVID DERRINGER UNDER NMRA RULE 12-502 – PETITION FOR WRIT OF CERTIORARI FROM THE SUPREME COURT TO THE COURT OF APPEALS  

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

Motion mandating new Judge designation under Title 28 Section 455, and Motion for Order of proven Default judgments of all Defendants failure to Answer the Complaint was filed 5-2-2024

Order Dismissing Appeal was filed 5-3-2024

Motion for Rehearing was filed 5-14-2024

Order Denying Rehearing was filed 5-22-2024

QUESTIONS PRESENTED:

1.      Whether a docket designated RECUSED on August 23, 2022, Judge Ortega can remain to illegally preside on the case without either jurisdiction or judicial capacity?

2.      Whether a proven recused Judge Ortega can ignore all Motions of a pro-se litigant, to rig a case ignoring that all Defendants failed and refused to Answer the Complaint?

3.      Whether any Judge can deny due process and equal protection and deny opportunity to be heard?

4.      Whether any Judge can make Orders while with no jurisdiction of judicial capacity of the case being in a higher Court of Appeals?

5.      Whether any Judge can knowingly allow criminal acts by Defendants in the jurisdiction of the Court’s active case?

6.      Whether any Judge can hold ex-parte hearings without the Plaintiff?

7.      Whether any Judge can hold ex-parte hearing without the Plaintiff, without jurisdiction when the matter is in the NM Court of Appeals?

8.      Whether any Judge can allow Defendants and representing attorney to do distortion of court records, fraud on the court, deliberate false information and not sanction Defendants or seek disbarment of the errant attorneys?

9.      Whether any Judge can ignore and allow total unaccountability of Defendants who fail and refuse to Answer a Complaint and not Order a Default Judgment?

10.  Whether any Judge can embezzle and keep the Plaintiff’s paid Jury fees, and not provide any trial for the Plaintiff to have any due process, equal protection or opportunity to be heard?

11.  Whether any Judge can provide protection, bias, prejudice for the State and State employee Defendants so as to hold harmless liability for select Defendants?

12.  Whether any Judge can make rulings and Orders against all Constitution, Statutes and Case law, and not be held accountable for treason against the United States and liable for perjury of Oath?

13.  Whether the NM Supreme Court can allow Judges to preside when already recused, deny due process and equal protection, protect Defaulted Defendants by ignoring and denying Default and Summary Judgements and Order a plaintiff not to use the United States Court system, and embezzle paid jury fees while not allowing a trial or hearing in discrimination, bias and prejudice against a pro-se Plaintiff?

14.  Whether the NM Supreme Court can allow judges to rule outside of law due to bribery by the invading Mexican National Sinaloa Cartel?

15.  Whether a judge, as in this case can be an accessory to the crimes of the Defendants, by facilitating the RICO horse rustling rigging the case for immunity of Defaulted Defendants to willfully and with knowledge, [1] allow the continuance of the crimes, and to illegally prohibit the Plaintiff from any further or future [2] use of the Courts, so as to block the Plaintiff from suing the felons again in the future? [3]

NATURE OF THE CASE FACTS MATERIAL TO THE QUESTIONS PRESENTED:

This case centers around the extreme public and judicial corruption of the State of New Mexico deliberately facilitating the invasion of the Sinaloa Cartel with willful open southern borders with Mexico, that expands Sinaloa Cartel drug and human trafficking for DHS-noted $32 Millions in profit in NM per week. This vast drug and blood money is being used as money payoffs and bribes to many NM Judges and public officials for the protection of the illegal rampant operations of the Sinaloa Cartel. It has been proven by the Plaintiff from past law suits, as a personal material witness, documents, photographs, and extreme evidence that the RICO racketeering horse rusting operations on the Santolina has a foundation by bribed protections. The Bernalillo County Sinaloa Cartel horse rustling is based on a scheme to steal known Plaintiff Derringer horses from the Pajarito, headed by Sinaloa Cartel Defendant Benjamin Benavidez Jr., New Mexico livestock Board and the political aspirations of the English Barclays Bank owner of the Santolina; directly involved in the Governor Grisham open border NM/Mexico aid and facilitation for the Invading Mexican National Sinaloa Cartel. The historical ramifications of the RICO horse rustling Plaintiff Derringer horses stemmed directly from the past Defendant Benavidez Jr. involvement with the corruption of the NMLB wherein after Defendant Benavidez Jr. perfected stealing 2 Derringer horses in 2014 with the protection of the NMLB and the NM Courts, and judicial notice will sustain the confession and admitting of Benjamin Benavidez Jr. being a horse rustler, in D-202-CV-2014-07755, and selling horses to Defendant Dennis Chavez. In 2014, thus known and admitted Sinaloa Cartel RICO horse rustler Benjamin Benavidez Jr. of 9701 Volcanes NW, Albuquerque, New Mexico 87121 deliberately herded 2 known Derringer horses from the Southern Pajarito all private open range grazing lands, onto the Northern all private open range grazing lands, through the dilapidated statutory non-compliant Pajarito East/West dividing fence between the Santolina and Pajarito. [4] Upon suit, Derringer v. Benavidez. Jr. et al. D-202-CV-2014-07755; Benavidez Jr. Answer of January 21, 2015, Defendant Benavidez Jr. admitted to willfully capturing 2 known Derringer horses herded into the Santolina, using the Benavidez Jr. trucks and trailers to illegally transport the stolen horses from Bernalillo County to Valencia County and sell them to admitted and formerly convicted felon Sinaloa Cartel horse rustler Dennis Chavez, DBA D.C. Livestock Auction, S.W. Livestock Auction, S.W. Event Center and known connection as the horse killer fence for stolen horses to Mexico. New Mexico Livestock Board Inspector Randall Riley forced victim Derringer to pay extortion/ransom the amount of $60 to Dennis Chavez for the return of Derringer’s 2 stolen horses. This established the direct connection between the Sinaloa Cartel RICO horse rustling operations of the Santolina with the NMLB facilitation of both participation and protection by mis-use of power of a badge and gun, to protect the RICO horse rustling, instead of the mandated under NMSA 29-1-1 and NMSA 77-9-22(f) to arrest both Benavidez Jr. and Dennis Chavez. It was found that the Defendant NMSP, and the BCSO deliberately protect both the Sinaloa Cartel and Defendant Benavidez Jr. as well as knowingly refuse to arrest any NMLB “officers” known to be RICO horse rustlers. In or about 2019, the New Mexico Livestock Board/Sinaloa Cartel realized the vast increasing numbers of known Derringer horses on the Pajarito with Derringer horses open breeding since 2012, of the original Derringer herd of 32 to now several hundred horses. In collaboration with the RICO Sinaloa Cartel, a plan was conceived where the NMLB embezzled state tax monies to hire Sinaloa Cartel foreign invaders, unsuspecting ropers from the rodeos at Belen and Grants, domestic terrorists, and use of horse rustler Benjamin Benavidez Jr. and his hired help and the NMLB Belinda Garland and inspectors of Darron “Shawn” Davis, Francisco “Cisco” Lovato, Randall Riley, Manuel Monte, Justin Gray, George Mendoza, and Sinaloa Cartel mules and employees Kym Damzyn, Mier Pedro, Ramon Manquero, Isidro Ruis Saenz, Hector Cabrera, and Dennis Chavez. The NMLB mis-used tax dollars to purchase hay and salt blocks to bait, trap and capture, entire herds of known Derringer horses, 22-34 at a time, with at least 5 locations of “bait stations” located remote from the Derringer residence. The NMLB, (witnessed by owner Derringer) then came with portable horse panels to capture and herd the known Derringer horses into state-trucks and trailers to steal the Derringer horses to concealment in places unknown, and illegally auction and sell the Derringer horses (NMSA 30-16-11) directly to horse killers to murder the Derringer horses for meat sales. (abuse of animals NMSA 30-18-1(E). By 2021, the Carbal NMLB/Benavidez/Sinaloa Cartel/Justin Gray blatantly began herding the known Derringer horses with 4-wheelers through the opened Pajarito fence onto the Santolina and then capturing the Derringer horses in “Benavidez corrals North of Grant road”, whereas Sinaloa Cartel Benavidez Jr. would entrap the Derringer horses and lock them in corrals without food or water, for then the NMLB to come with state trailers and re-steal the Benavidez Jr. stolen horses, transport them to concealment, and unlawfully sell them and pocket hundreds of thousands of dollars of profit of stolen Derringer horses. As Derringer constantly attempted redress by law, the New Mexico State Police refused to help, claiming Derringer should leave the State of New Mexico, the Bernalillo County Sheriff was involved in protection of the Sinaloa Cartel and the NMLB, and the Valencia County Sheriff was protecting the “fence” Dennis Chavez and the Sinaloa Cartel. The NM Governor Michelle Lujan Grisham protected the Sinaloa Cartel and enabled the NM/Mexico border to remain wide open to facilitate the known RICO racketeering operations of the drug, human trafficking, minor children as sex slaves to some NM Judges and officials, trafficking automatic firearms, prostitution and other RICO operations, indicating that most NM Judges officials are bribed by the DHS-estimated $32 Million dollars profit of the Sinaloa Cartel in New Mexico each week. Hence, with the full evidence of the entire involvement of the State of New Mexico, state agencies, the names and identification of some of the Sinaloa Cartel foreign invaders, and the domestic terrorists supporting and participating in the RICO operations, Derringer sued in C-202-CV-2022-03437. Upon suit, it was obvious that several reputable NM Judges recused, not wanting to be party to what they already knew was based in NM corruption, with finally delegated Judge Ortega willing to enforce the protection of the corrupt state employees and the Sinaloa Cartel. The tell, was that Judge Ortega, although legally recused of Court record, forced her will to illegally remain on the case. Even under Motion to Recuse for Cause, Judge Ortega stayed on the case to sabotage Article III and defy all law to rig the case for protection of all Defendants. It cannot be ignored in Court record that 9 Defendants never attempted to Answer or file any response, wherein still Judge Ortega indemnified and holds them harmless, rendering the entire judicial process mute. The remaining Defendants and representing attorneys falsified records, filed fraud on the court, and thus mitigated all response to precipitate their Default. Every act of Judge Ortega was fundamental error and in jurisdictional defect. All illegal Orders of “recused” Judge Ortega has been disqualified by law. Plaintiff Derringer filed an interlocutory appeal with the obvious fundamental error and extreme jurisdictional defect, and despite even the mandate to act sua sponte on these issues, the NM Court of Appeals was determined to remand the matters right back to a known recused Judge Ortega, proving without doubt the extreme judicial corruption resolute to protect the RICO horse rustling operation against Plaintiff Derringer. This includes the vast knowledge of all NM Judiciary and particularly recused Judge Ortega that the RICO horse rustling has now stolen and killed many of over 787 + known Derringer horses of value $78,800,000.00 as “no little matter”. Yet in criminal violation of all NM larceny and Federal Crime of "interference with interstate commerce". Judge Ortega refuses any replevin or redress for the victim/Plaintiff Derringer to be the party that has been denied of any of his property. Without jurisdiction, Judge Ortega has acted in the judge's personal capacity and not in the judge's judicial capacity, but in treason and facilitation of RICO racketeering and protection of an invading enemy of the United States for obvious personal gain. Plaintiff Derringer is a Pro-Se non-represented litigant, and the court will not follow any law as to use judicial terrorism on a non-represented litigant. Not only already recused of court record, but Judge Ortega definitely has expressed an "appearance of partiality" and, under the law, she has disqualified herself, meaning that a judge "must be disqualified" under certain circumstances. Upon appeal, the corruption of the NM Ct. App. is adamant to again ignore the fundamental errors of all denial of due process, equal protection and forced submission to remand again back to a known recused Judge to definitely rig the case against all law. The NM Ct. App. also simply ignored the Plaintiff-Appellant’s Motion mandating a new Judge designation under Title 28 Section 455. During this process now, in judicial terrorism explicitly designed to stop Plaintiff Derringer and protect the Sinaloa Cartel RICO operations, now five separate Judges have Ordered David Derringer not to file any further lawsuits, totally against the US Constitution, the NM Constitution, 42 USC 1981, 1983, 1985, 1986. Judge Marie Ward, never having any jurisdiction in persona of Derringer, simply sua sponte entered the fray to terrorize and intimidate Derringer. In criminal acts of treason and obstruction of justice Judges Medina, Ives, Ortega, Duffy, Yohalem, Torres, Ward, O’Connell, Henderson, Brickhouse, Shepherd have made Orders and agreed to the denying all current litigation of Derringer, and banning any “future” use of the United States Court system against Derringer in felonies under 18 USC 241, 242, 1503, 2381, 2382, 2383 and RICO 18 USC 1965-1970. This deliberately leaves no law available in the United States to singled-out and targeted discrimination against Derringer with no possible redress or protection by use of Constitution Article III; not to file any additional lawsuits and as “Further, Plaintiff David Derringer may not file any further motions, papers, documents or pleadings in this case absent express permission by this Court.” Judge Ward without jurisdiction prevents any filing in this matter in the District Court not having any jurisdiction or judicial capacity stating IN THE MATTER OF PROHIBITING DAVID DERRINGER FROM FILING ANY FURTHER LAWSUITS/PLEADINGS WITHOUT OBTAINING PERMISSION FROM THE COURT Protecting the Sinaloa Cartel to also protect the Judicial bribes, cocaine for Judges and minor illegal alien children use by some NM pedophile Judges is the motive to destroy and block justice against Plaintiff Derringer. With full control in NM of the 3 branches of government and law enforcement the regime coup now stops Plaintiff Derringer by destroying any ability to use the United States Courts as any way for escape of the imprisonment of the NM public and judicial corruption. Easily seen, this treason is intended to absolutely stop any use of the United States Courts by David Derringer for redress and resolution, as it states in each illegal Order that Derringer cannot have any “future” use of the Courts. This not only ensures the rigging in defeat of the instant D-202-CV-2022-03437 and other ongoing Derringer legal cases, but prevents Derringer from suing any further Sinaloa Cartel or corrupt public figure, corrupt Judge or any other person attacking Derringer, leaving Derringer singled-out in forced involuntary servitude to be destroyed by the corruption of New Mexico. Traitor Judges are simply baiting Derringer, whereas clearly means even if Derringer files a request for “permission” (God given Constitutional rights of the 1st, 4th, 5th, and 14th Amendments require no “permission” from a Communist tyrant individual treasonous Judge in a robe), Derringer will be arrested for contempt, put in jail for the planned orchestrated murder of Derringer by some Sinaloa Cartel thug in the jail as some “plea deal”. Each illegal Order denying all Constitutional rights includes a warning that if Derringer files any paper (including stated mandate for “permission” to use God given Constitutional rights), Derringer will be jailed and (as street rumored) assassinated in jail or “suicided”.

BASIS FOR GRANTING THE WRIT:

The underlying case is specifically rigged to defeat justice and in subversion to the US Constitution Article III, Supremacy Clause of Article VI, and the NM Constitution Article II, Section 4, 5, 12, 10, 16, 18 Access to courts is a RIGHT enjoyed by all persons under Article II Section 18 of the New Mexico Constitution, REGARDLESS OF LEGAL REPRESENTATION. In this matter Plaintiff Derringer Pro-Se, is singled-out and targeted in discrimination to be forced to stand before a recused biased, prejudiced Judge in collusion with the RICO crimes of the Defendants, that demonstrated bias, prejudice and rigging the case to hold harmless all Defendants when all Defendants have Defaulted either by no Answer whatsoever, fraud on the court, [5] and without hearings, without trial and denied a paid-for jury yet the recused Judge embezzling the jury fee. Illegal hearings were without any jurisdiction and allowed Defaulted Defendants to illegally give exhibits, testimony, witnesses and other matters defying all law and without the presence of the indispensable and necessary party;; the Plaintiff himself. All Constitutional law is defied, including all ruled, case laws, NM statutes and an illegal judge without jurisdiction. Additionally, Plaintiff is ordered not to file any pleadings, documents, papers, and ordered against Pro-Se representation, because the Plaintiff exposes public and judicial corruption properly under NMRA 1-090 “truth” and under rights of the 1st Amendment. Ordering the Plaintiff to stand before a recused Judge violates all due process and equal protection, while to cover up the public and judicial corruption exposed involves discrimination, while Ordering not to further use of the United States Courts, demanding Plaintiff to only be able to be represented by an attorney violates 18 USC, 241, 242, 1503, and is treason, conspiracy, and perjury of oath under criminal acts 18 USC 2381, 2382, 2383 and involves protections of known RICO racketeering 18 USC 1966-1970. in All matters of the trial court were fundamental error of both denial and deprivation of Constitutional rights, and in violation of all court rules.  All matters of the trial court were absolutely in jurisdictional defect as all law violated with a presiding recused Judge. Upon interlocutory appeal, the NM Court of Appeals deliberately ignored the vast fundamental error and all jurisdiction defect to cover up and protect felon state agencies and employees and the Sinaloa Cartel to force a remand to a known recused Judge to rig the case. Upon full appeal, the NM Court of Appeals again deliberately denied the appeal, falsified and tampered with the court record to force the case back to the known recused judge to rig the case and hold harmless all Defaulted Defendants and ignore falsification of court records, tampering with evidence, Ordered violations of Constitutional rights against the Plaintiff and denial of any opportunity to be heard in treason, and embezzling the Derringer paid jury fee.

THE ISSUE OF RADICAL JUDICIAL CORRUPTION TO PROTECT FELONS OF STATE EMPLOYEE AND TO PROTECT AND HOLD HARMLESS ACTUAL SINALOA CARTEL AND DOMESTIC TERRORISTS IN MASSIVE KNOWN RICO RACKTERRINGER ACTS IN NEW MEXICO IS EXTREME SUBSTANTIAL PUBLIC INTEREST THAT SHOULD BE DETERMINED BY THE SUPREME COURT

Sustained in court record every act of all Defendants is involved in RICO racketeering operations on the Santolina property in NM involving drug, human, minor children, automatic weapons trafficking and vast RICO horse rustling involving the NMLB and many state agencies and employee larceny of known Plaintiff Derringers horses, also as a means of domestic terrorism and hate crimes and persecution against Derringer for the whistleblowing of the exposure of the above mentioned RICO involvement of the NM State officials and judges of NM. It is empirical that public interests now knows the in New Mexico when a legal lawsuit is filed, and the Defendants are ex-parte advised they don’t have to Answer the Complaint, that NM Judges can illegally deny and ignore the blatant Default to protect state employees, felons, domestic terrorists, foreign terrorists and preferred, political parties or whomever the judge choose, despite all law and rules contrary to the “conspiracy” and thus embolden case law that can be thus followed in the future for protection by the Judiciary of any select party. When the Plaintiff files for a legal Default judgment or summary due to fraud on the court, destruction and tampering with court records by the Defendants and subversive attorneys, the Judges can simply commit treason to the United States and against the Constitution and be supported without consequences or accountability by higher judges to perfect any deemed viable agenda in abeyance of all laws.

ARGUMEMT:

All pleading filed by the Plaintiff describe in detail in both the District Court, interlocutory NM Ct. App., and in the final NM Ct. App. The judicial corruption, wherein undeniably, the case is absolutely defective by fundamental error, jurisdictional defects, an extreme violations of all due process and equal protection, exposing vast RICO acts and felonies performed by not only all Defendants, but hate crimes by the attorneys, and Judges of both the District Court and NM Ct. App. directed at Plaintiff Derringer singled-out in retaliation, retribution, revenge of whistleblowing and persecution motivated from the Judges themselves also destroying and tampering with court records as felonies both state and federal. Plaintiff saturates the court record with volumes of Constitution, case law, statutes to no avail as ignored by all courts determined to rig the case and allow by protection the continuation on almost a daily basis the grand larceny of Derringer horses with NMLB or any state authority to steal without basis in law in total violations of the 4th, 5th and 14th Amendments and violation of personal property act under 42 USC 1982, and then illegal commit hundreds of felonies “per horse” including illegally selling Derringer horses NMSA 30-16-11 and pocketing $Millions of dollars, wherein now stolen 792 known Derringer horses value $79,200,000.00 protected by the NM Judiciary.

A PRAYER FOR RELIEF:

Order Default Judgments against all Defendants as to all counts in all requested amounts, using the Complaint unanswered as the facts of the matter and all Plaintiff Derringer pleadings as the authorities cited as legal sustaining law of the case, to include sustained requested amounts of sanctions against each party separately, including sanctions against each Judge requested separately due to treason, perjury of oath, conspiracy against rights and deprivation of rights under color of law, and Ordering the following amounts appurtenant to each of the now stolen 792 missing known Derringer horses.  Each gross $dollar amount is to be given to Plaintiff Derringer for the illegal sale NMSA 30-16-11 of each horse sold, given, auctioned with a verifiable receipt of each of the known horses illegally sold in felonies under NMSA 30-16-11, with full documentation as to every person or entity that ever-had illegal adverse possession of each horse of Derringer personal property stolen property in Defendants grand larceny. Defendants separately to be Ordered held liable in punishment in the amount of $25,000.00 per horse for the act of larceny and related terrorism of Derringer precious animals in forced transportation,  and related trauma. Each Defendant will be held 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 now 792 horses not returned will be considered that each and all Defendants are separately to be Ordered liable for the facilitated murder of each of the horses sold deliberately to horse killers, sold out of the country, murdered by Defendants or others, whether butchering sales to killers for meat, sadistic retaliation or other evil, and each Defendant will be separately 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 any Derringer animal. Each Defendant will be responsible for an additional amount of $10,000.00 for each of the 792 returned or not returned horses that Defendants deprived Derringer the loss of time to have Derringer’s possession of Derringer’s personal property guaranteed by 42 USC 1982, by all Defendant’s illegal captivity and conspiracy, or the murder of the animal, all which deprived Derringer’s ability of training, use, companionship, enjoyment; and all the separate and distinct vast amounts in Complaint for loss of income, extreme emotional distress and mental anguish, and a permanent restraining Order to stop the ongoing larceny with stipulations for all Defendant never to touch, harass, or be no closer than 200 yards from any Derringer animal. If no Derringer stolen horse is returned as prescribed above each Defendant will separately and distinctly owe Plaintiff Derringer the amount per horse of $235,000.00; defined as stealing the horse $25,000.00, depriving use and enjoyment $10,000.00, value of each horse $100,000.00, and punishment for murdering the horse not returned of $100,000.00; whereas the actual value of all stolen Derringer horses is determined to be $79,200,000.00 plus punishment, sanctions, and torts claimed in the Complaint.  

DECISIONS: Each decision of the NM Court of Appeals was done without any assignment to any calendar and without any cited authorities or cited Constitution or applicable laws. Each Order denying Appeal was objected to by a proper Motion for Rehearing/reconsideration and each Order denial of the Rehearing was not supported by any authorities of rule of law. “the constitutional maxim that “[a] fair trial in a fair tribunal is a basic requirement of due process.” “This Court previously has recognized–even with respect to another statute the legislative history of which indicated that courts were to have “wide discretion exercising their equitable powers,” 118 Cong. Rec. 7168 (1972), quoted in Albemarle Paper Co. v. Moody, 422 U.S. 405, 421 (1975)–that “discretionary choices are not left to a court’s ‘inclination, but to its judgment; and its judgement is to be guided by sound legal principles.’ ” Id., at 416, quoting United States v. Burr, 25 F. Cas. 30, 35 (No. 14,692d) (CC Va. 1807) (Marshall, C.J.). Thus, a decision calling for the exercise of judicial discretion “hardly means that it is unfettered by meaningful standards or shielded from thorough appellate review.” Albemarle Paper Co., 422 U.S., at 416.”” United States v. Taylor, 487 U.S.326, 108 S. Ct. 2413, 101 L. Ed. 2d 297,56 U.S.L.W. 4744. (Emphasis added) 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, and the Constitution of the State of New Mexico, 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); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821) Any judge or attorney who does not report the above judges for treason as required by law may themselves be guilty of misprision of treason, 18 U.S.C. Section 2382. Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in "fraud upon the court". In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "Fraud upon the court is fraud which is directed to the judicial machinery itself It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function --- thus where the impartial functions of the court have been directly corrupted." Fraud upon the court" makes void the orders and judgments of that court. It is also clear and well-settled Illinois law that any attempt to commit "fraud upon the court" vitiates the entire proceeding. The People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934). ("The maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions."); Allen F. Moore v. Stanley F. Sievers, 336 Ill. 316; 168 N.E. 259 (1929) ("The maxim that fraud vitiates every transaction into which it enters ..."); In re Village of Willowbrook, 37 Ill.App.2d 393 (1962) ("It is axiomatic that fraud vitiates everything."); Dunham v. Dunham, 57 Ill.App. 475 (1894), affirmed 162 Ill. 589 (1896); Skelly Oil Co. v. Universal Oil Products Co., 338 Ill.App. 79, 86 N.E.2d 875, 883-4 (1949); Thomas Stasel v. The Federal law, when any officer of the court has committed "fraud upon the court", the orders and judgment of that court are void, of no legal force or effect. AMY In 1994, the U.S. Supreme Court held that "Disqualification is required if an objective observer would entertain reasonable questions about the judge's impartiality. If a judge's attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified.". Liteky v. U.S., 114 S.Ct. 1147, 1162 (1994). That Court also stated that Section 455(a) "requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), the Court stated that "It is important that the litigant not only actually receive justice, but that he believes that he has received justice." "Recusal under Section 455 is self-executing; a party need not file affidavits in support of recusal and the judge is obligated to recuse herself sua sponte under the stated circumstances." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989). None of the orders issued by any judge who has been disqualified by law would appear to be valid. It would appear that they are void as a matter of law, and are of no legal force or effect. Should a judge not disqualify himself, then the judge is violation of the Due Process Clause of the U.S. Constitution. United States v. Sciuto, 521 F.2d 842, 845 (7th Cir. 1996) ("The right to a tribunal free from bias or prejudice is based, not on section 144, but on the Due Process Clause."). Should a judge issue any order after he has been disqualified by law, and if the party has been denied of any of his / her property, then the judge may have been engaged in the Federal Crime of "interference with interstate commerce". The judge has acted in the judge's personal capacity and not in the judge's judicial capacity. It has been said that this judge, acting in this manner, has no more lawful authority than someone's next-door neighbor (provided that he is not a judge). However, some judges may not follow the law. If you were a non-represented litigant, and should the court not follow the law as to non-represented litigants, then the judge has expressed an "appearance of partiality" and, under the law, it would seem that he/she has disqualified him/herself. However, since not all judges keep up to date in the law, and since not all judges follow the law, it is possible that a judge may not know the ruling of the U.S. Supreme Court and the other courts on this subject. Notice that it states "disqualification is required" and that a judge "must be disqualified" under certain circumstances. JUDGE YOU HAVE BEEN AUTOMATICALLY DISQUALIFIED BY LAW. The Supreme Court has also held that if a judge wars against the Constitution, or if he acts without jurisdiction, he has engaged in treason to the Constitution. If a judge acts after he has been automatically disqualified by law, then he is acting without jurisdiction, and that suggest that he is then engaging in criminal acts of treason, and may be engaged in extortion and the interference with interstate commerce. Courts have repeatedly ruled that judges have no immunity for their criminal acts. Since both treason and the interference with interstate commerce are criminal acts, no judge has immunity to engage in such acts. All judges in this case both District Court and NM Court of Appeals are treasonous, have perjured their Oath and have broken every Constitutional law, case law, statutory law as perpetual lawbreakers against the Article III. 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).

Respectfully submitted by __________________________________________________

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

Certificate of Service 6-19-2024

I certify that I sent by mail a copy of this Petition to the New Mexico Supreme Court at:

237 Don Gaspar Ave., P.O. Box 848Santa Fe, NM 87504

[1] Martinez v. Winner, 771 F.2d 424 opinion modified on denial of rehearing 778 F.2d 553, cert granted, vacated; Tyus v. Martinez, 106 Supreme Court 1787, 475 US 1138, 90 L.Ed.2d 333 on remand 800 F.2d 230 “A judge is not only entitled, but also has a duty to take all lawful measures reasonably necessary to prevent the occurrence of a crime in his courtroom.”

[2] “prohibiting David Derringer from filing any further lawsuits/pleadings” [See 42 USC 1981, 1982, 18 USC 241, 242, 1503, 2381, 2382, 2383, Supremacy Clause Article VI, lack of jurisdiction Stump v. Sparkman, 435 U.S. 349 (1978) “A judge will be subject to liability when he has acted in the clear absence of all jurisdiction.” (D-202-MS-00010)

[3] Hazel-Atlas Glass Co. v Hartford-Empire Co., 322 U.S. 238 (1944) No. 398

[4] Both the Santolina and Pajarito are all private lands, both without even any legal designated roads, both of which are not legal herd districts, not a town, public access, not an Indian or government facility, whereas thus the New Mexico Livestock Board has no legal jurisdiction to access and certainly has no legal ability to capture horses on either property in grand larceny simply by intimidation and usurpation of power due to possession of a badge and gun. As NM Law NMSA 77-16-1 mandates a proper fence of the Pajarito fence line, that does not exist, both the Santolina and Pajarito are “open range” under NM Ct. App. No. 12-8853 FENCE THEM OUT.

[5] In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985)

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

David Derringer,                                                                                 No.

                                                                                                            No. A-1-CA-41825

Petitioner-Plaintiff,                                                                             Bernalillo County

CV-2023-09203

V.

Sinaloa Cartel domestic terrorist private citizen Benjamin Benavidez Jr., Sinaloa Cartel domestic terrorist private citizen Justin Gray (as an individual NM citizen precluded attorney representation by use of NM tax dollar fee payment), Sinaloa Cartel domestic terrorist private citizen Manuel Monte (as an individual NM citizen precluded attorney representation by use of NM tax dollar fee payment), Sinaloa Cartel domestic terrorist private citizen George Mendoza (as an individual NM citizen precluded attorney representation by use of NM tax dollar fee payment),

Defendants-Appellees,  

PETITIONER DAVID DERRINGER UNDER NMRA RULE 12-502 – PETITION FOR WRIT OF CERTIORARI FROM THE SUPREME COURT TO THE COURT OF APPEALS  

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

Order Denying Rehearing was filed 5-22-2024

QUESTIONS PRESENTED:

1.      Whether a Judge that Orders deprivations of due process and equal protection in sabotage of Article III Ordering no present of future use of the United States Courts can remain to illegally preside on the case without either jurisdiction or judicial capacity?

2.      Whether a Judge can ignore all Motions of a pro-se litigant, to rig a case ignoring that all Defendants failed and refused to Answer the Complaint and refuse to Order Default?

3.      Whether any Judge can deny due process and equal protection and deny opportunity to be heard?

4.      Whether any Judge can make Orders while with no jurisdiction of judicial capacity of the case being in a higher Court of Appeals?

5.      Whether any Judge can knowingly allow criminal acts by Defendant in the jurisdiction of the Court’s active case?

6.      Whether any Judge can allow Defendants and representing attorney to do distortion of court records, fraud on the court, deliberate false information and not sanction Defendant or seek disbarment of the errant attorneys?

7.      Whether any Judge can ignore and allow total unaccountability of Defendant who fail and refuse to Answer a Complaint and not Order a Default Judgment?

8.      Whether any Judge can provide protection, bias, prejudice for the Defendant proven and admitted to doing RICO horse rustling in collusion with the invading Sinaloa Cartel and the New Mexico Livestock Board so as to hold harmless liability for select Defendant?

9.      Whether any Judge can make rulings and Orders against all Constitution, Statutes and Case law, and not be held accountable for treason against the United States and liable for perjury of Oath?

10.  Whether the NM Supreme Court can allow Judges to preside denying due process and equal protection, protect Defaulted Defendant by ignoring and denying Default and Summary Judgements and Order a plaintiff not to use the United States Court system, not allowing a trial or hearing in discrimination, bias and prejudice against a pro-se Plaintiff?

11.  Whether the NM Supreme Court can allow judges to rule outside of law due to bribery by the invading Mexican National Sinaloa Cartel?

12.  Whether a judge, as in this case can be an accessory to the crimes of the Defendants, by facilitating the RICO horse rustling rigging the case for immunity of Defaulted Defendant to willfully and with knowledge, [1] allow the continuance of the crimes, and to illegally prohibit the Plaintiff from any further or future [2] use of the Courts, so as to block the Plaintiff from suing the felons again in the future? [3]

NATURE OF THE CASE FACTS MATERIAL TO THE QUESTIONS PRESENTED:

Defendant Benjamin Benavidez Jr. is the main Sinaloa Cartel RICO horse rustler having now worked directly with the felons of the New Mexico Livestock Board Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, George Mendoza, and Belinda Garland to steal in larceny and multiple other felonies 792 + known Derringer horses. Defendant Benavidez Jr. steals known Derringer horses and locks them in “Benavidez corrals North of Grant road” for the NMLB felon RICO horse rustlers to come with state tax trucks and trailers to re-steal the known Derringer horses worth $79,200,000.00 with known false and fraudulent claims of authority that is non-existent by statutes. Defendant Benavidez Jr. not only has past admitted to being a RICO horse rustler in D-202-CV-2014-07755 Derringer v. Benavidez Jr. et al (Answer of Benavidez Jr. on January 21, 2015) but is knowingly accepted by the NMLB as a felon they can illegally delegate to steal the known Derringer horses for the NMLB to then come and re-steal to illegally sell for profit they pocket in violation of NMSA 30-16-11. By rule of law, the NMLB is mandated to arrest Defendant Benavidez Jr. under NMSA 29-1-1 and NMSA 77-9-22(f), but they use Sinaloa Cartel as their main mule to steal horses where the NMLB not only attacks Derringer but makes $millions selling known Derringer horses. Despite providing absolute proof on ownership by Derringer of bills of sale, horse registration numbers, historical photographs, and a signed notarized affidavit proving Derringer ownership, with also proof of no possible jurisdiction of the NMLB to be on the Santolina with Defendant Benavidez Jr. stealing horses, none are returned to Derringer as mandated under NMSA 29-1-2 or NMSA 77-33-9, and the NMLB and Defendants split the profits from the illegal sale of captured known Derringer horses. This case centers around the extreme public and judicial corruption of the State of New Mexico deliberately facilitating the invasion of the Sinaloa Cartel with willful open southern borders with Mexico, that expands Sinaloa Cartel drug and human trafficking for DHS-noted $32 Millions in profit in NM per week. This vast drug and blood money is being used as money payoffs and bribes to many NM Judges and public officials for the protection of the illegal rampant operations of the Sinaloa Cartel. It has been proven by the Plaintiff from past law suits, as a personal material witness, documents, photographs, and extreme evidence that the RICO racketeering horse rusting operations on the Santolina has a foundation by bribed protections. The Bernalillo County Sinaloa Cartel horse rustling is based on a scheme to steal known Plaintiff Derringer horses from the Pajarito, headed by Sinaloa Cartel Defendant Benjamin Benavidez Jr., New Mexico livestock Board and the political aspirations of the English Barclays Bank owner of the Santolina; directly involved in the Governor Grisham open border NM/Mexico aid and facilitation for the Invading Mexican National Sinaloa Cartel. The historical ramifications of the RICO horse rustling Plaintiff Derringer horses stemmed directly from the past Defendant Benavidez Jr. involvement with the corruption of the NMLB and Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, wherein after Defendant Benavidez Jr. perfected stealing 2 Derringer horses in 2014 with the protection of the NMLB and the NM Courts, and judicial notice will sustain the confession and admitting of Benjamin Benavidez Jr. being a horse rustler, in D-202-CV-2014-07755, and selling horses to Defendant Dennis Chavez. In 2014, thus known and admitted Sinaloa Cartel RICO horse rustler Benjamin Benavidez Jr. of 9701 Volcanes NW, Albuquerque, New Mexico 87121 deliberately herded 2 known Derringer horses from the Southern Pajarito all private open range grazing lands, onto the Northern all private open range grazing lands, through the dilapidated statutory non-compliant Pajarito East/West dividing fence between the Santolina and Pajarito. [4] Upon suit, Derringer v. Benavidez. Jr. et al. D-202-CV-2014-07755; Benavidez Jr. Answer of January 21, 2015, Defendant Benavidez Jr. admitted to willfully capturing 2 known Derringer horses herded into the Santolina, using the Benavidez Jr. trucks and trailers to illegally transport the stolen horses from Bernalillo County to Valencia County and sell them to admitted and formerly convicted felon Sinaloa Cartel horse rustler Dennis Chavez, DBA D.C. Livestock Auction, S.W. Livestock Auction, S.W. Event Center and known connection as the horse killer fence for stolen horses to Mexico. New Mexico Livestock Board Inspector Randall Riley forced victim Derringer to pay extortion/ransom the amount of $60 to Dennis Chavez for the return of Derringer’s 2 stolen horses. This established the direct connection between the Sinaloa Cartel RICO horse rustling operations of the Santolina with the NMLB facilitation of both participation and protection by mis-use of power of a badge and gun of then the Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, to protect the RICO horse rustling, instead of the mandated under NMSA 29-1-1 and NMSA 77-9-22(f) to arrest both Benavidez Jr. and Dennis Chavez. It was found that the NMSP, and the BCSO deliberately protect both the Sinaloa Cartel and Defendant Benavidez Jr. and Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, as well as knowingly refuse to arrest any NMLB “officers” known to be RICO horse rustlers. In or about 2019, the New Mexico Livestock Board/Sinaloa Cartel realized the vast increasing numbers of known Derringer horses on the Pajarito with Derringer horses open breeding since 2012, of the original Derringer herd of 32 to now several hundred horses. In collaboration with the RICO Sinaloa Cartel, a plan was conceived where the NMLB embezzled state tax monies to hire Sinaloa Cartel foreign invaders, unsuspecting ropers from the rodeos at Belen and Grants, domestic terrorists, and use of horse rustler Defendant Benjamin Benavidez Jr. and his hired help and the NMLB Belinda Garland and inspectors of Darron “Shawn” Davis, Francisco “Cisco” Lovato, Randall Riley, Manuel Monte, Justin Gray, George Mendoza, and Sinaloa Cartel mules and employees Kym Damzyn, Mier Pedro, Ramon Manquero, Isidro Ruis Saenz, Hector Cabrera, and Dennis Chavez. The NMLB mis-used tax dollars to purchase hay and salt blocks to bait, trap and capture, entire herds of known Derringer horses, 22-34 at a time, with at least 5 locations of “bait stations” located remote from the Derringer residence. The NMLB, (witnessed by owner Derringer) then came with portable horse panels to capture and herd the known Derringer horses into state-trucks and trailers to steal the Derringer horses to concealment in places unknown, and illegally auction and sell the Derringer horses (NMSA 30-16-11) directly to horse killers to murder the Derringer horses for meat sales. (abuse of animals NMSA 30-18-1(E). By 2021, the Carbal NMLB/Benavidez/Sinaloa Cartel/ Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, blatantly began herding the known Derringer horses with 4-wheelers through the opened Pajarito fence onto the Santolina and then capturing the Derringer horses in “Benavidez corrals North of Grant road”, whereas Sinaloa Cartel Defendant Benavidez Jr. would entrap the Derringer horses and lock them in corrals without food or water, for then the NMLB to come with state trailers and re-steal the Benavidez Jr. stolen horses, transport them to concealment, and unlawfully sell them and pocket hundreds of thousands of dollars of profit of stolen Derringer horses. As Derringer constantly attempted redress by law, the New Mexico State Police refused to help, claiming Derringer should leave the State of New Mexico, the Bernalillo County Sheriff was involved in protection of the Sinaloa Cartel and the NMLB, and the Valencia County Sheriff was protecting the “fence” Dennis Chavez and the Sinaloa Cartel. The NM Governor Michelle Lujan Grisham protected the Sinaloa Cartel and enabled the NM/Mexico border to remain wide open to facilitate the known RICO racketeering operations of the drug, human trafficking, minor children as sex slaves to some NM Judges and officials, trafficking automatic firearms, prostitution and other RICO operations, indicating that most NM Judges officials are bribed by the DHS-estimated $32 Million dollars profit of the Sinaloa Cartel in New Mexico each week. Hence, with the full evidence of the entire involvement of the State of New Mexico, state agencies, the names and identification of some of the Sinaloa Cartel foreign invaders, and the domestic terrorists supporting and participating in the RICO operations, Derringer sued in C-202-CV-2022-03437. Upon suit, it was obvious that several reputable NM Judges recused, not wanting to be party to what they already knew was based in NM corruption, with finally delegated Judge willing to enforce the protection of the corrupt state employees and the Sinaloa Cartel. The presiding Judge is Ordering destruction of the court record and Ordering Derringer not to ever have use of the United States Courts as the way to protect Defendant Benavidez Jr. and the vast public employee felons and Sinaloa Cartel in the RICO horse rustling that is headed on the Santolina by Defendant Benavidez Jr. and  Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza. All these acts of the Judge of allowing attorney D’Amato Jr to do fraud on the court for Defendant Banavidez Jr. and destruction of court records are to sabotage Article III and defy all law to rig the case for protection of Defendant Benavidez Jr. Defendant Benavidez Jr. and unrepresented Defaulted Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, are completely responsible for the larceny of now 792 known Derringer horses and working with state NMLB citizen Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, whereas Justin Gray alone has stolen 50 known Derringer horses just since April 9, 2024 working directly with Defendant Benavidez Jr.. It cannot be ignored in Court record the fraud on the Court of attorney John D’Amato Jr. with Defendant Benavidez Jr. and the Judge rigging the case without hearings or trial to dismiss the entire Complaint to protect all vast persons involved in RICO with Defendant Benavidez Jr. namely many NM State NMLB and law enforcement employees Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, and the invading Sinaloa Cartel. Judge simply disregards all law and denies due process and equal protection against the Plaintiff to indemnify and hold harmless Defendant Benavidez Jr. and  Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, to do unrestrained larceny of $79,200,000.00 in value of known Derringer horses and other torts, rendering the entire judicial process mute. Representing attorney D’Amato Jr. for Defendant Benavidez Jr. falsified records, filed fraud on the court, and thus mitigated all response to precipitate Defendant Benavidez Jr. Default. All Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza DEFAULTED directly on the Complaint with no Answer whatsoever. Every act of the Judge was fundamental error and in jurisdictional defect. All illegal Orders of the Judge has been disqualified by law, most particularly the Orders denying Plaintiff’s use of the Courts. Plaintiff Derringer filed an appeal with the obvious fundamental error and extreme jurisdictional defect, and despite even the mandate to act sua sponte on these issues, the NM Court of Appeals was determined to protect Defendant Benavidez Jr. and Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, and the Sinaloa Cartel. This is due to extreme protection bribes to most NM Judges by the Sinaloa Cartel as well as many Judges using the cocaine, methylamphetamines, fentanyl, human trafficked minor illegal alien unaccompanied children for judicial sex slaves of elite pedophiles in New Mexico. This is part of the motives to protect the head of the RICO horse rustling operation on the Santolina Defendant Benjamin Benavidez Jr. and Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, It is bribed Judicial corruption in the NM Courts defeating all valid suit causes of action by Plaintiff Derringer against all conspirators of the RICO operations that precipitate the dismissal of all suits and blocking and dismissing all appeals and then Orders against Derringer never to use the Courts. The actions of court record prove without doubt the extreme judicial corruption resolute to protect the RICO horse rustling operation against Plaintiff Derringer. This includes the vast knowledge of all NM Judiciary that the RICO horse rustling has now stolen and killed many of over 792 + known Derringer horses of value $79,200,000.00 as “no little matter”. The Judges are liable as this entails criminal violation of all NM larceny and Federal Crime of "interference with interstate commerce" of complicit Judges knowingly allowing this by protecting the Defendant. The Judge refuses any replevin or redress for the victim/Plaintiff Derringer to be the party that has been denied of any of his property. Without jurisdiction, the Judge has acted in the judge's personal capacity and not in the judge's judicial capacity, but in treason and facilitation of RICO racketeering and protection of an invading enemy of the United States for obvious personal gain. Plaintiff Derringer is a Pro-Se non-represented litigant, and the court will not follow any law as to use judicial terrorism on a non-represented litigant. The Judge definitely has expressed an "appearance of partiality" and, under the law, she has disqualified herself, meaning that a judge "must be disqualified" under certain circumstances. Upon appeal, the corruption of the NM Ct. App. is adamant to again ignore the fundamental errors of all denial of due process, equal protection and forced submission to simply dismiss the Appeal without valid authorities and in protection of the Defendant. The NM Ct. App. also simply ignored the Plaintiff-Appellant’s Motion mandating a new Judge designation under Title 28 Section 455. During this process now, in judicial terrorism explicitly designed to stop Plaintiff Derringer and protect the Sinaloa Cartel RICO operations, now five separate Judges have Ordered David Derringer not to file any further lawsuits, totally against the US Constitution, the NM Constitution, 42 USC 1981, 1983, 1985, 1986. Judge Marie Ward, never having any jurisdiction in persona of Derringer, simply sua sponte entered the fray to terrorize and intimidate Derringer. In criminal acts of treason and obstruction of justice Judges Medina, Ives, Ortega, Duffy, Yohalem, Torres, Ward, O’Connell, Henderson, Brickhouse, Shepherd have made Orders and agreed to the denying all current litigation of Derringer, and banning any “future” use of the United States Court system against Derringer in felonies under 18 USC 241, 242, 1503, 2381, 2382, 2383 and RICO 18 USC 1965-1970. This deliberately leaves no law available in the United States to singled-out and targeted discrimination against Derringer with no possible redress or protection by use of Constitution Article III; not to file any additional lawsuits and as “Further, Plaintiff David Derringer may not file any further motions, papers, documents or pleadings in this case absent express permission by this Court.” Judge Ward without jurisdiction prevents any filing in this matter in the District Court not having any jurisdiction or judicial capacity stating IN THE MATTER OF PROHIBITING DAVID DERRINGER FROM FILING ANY FURTHER LAWSUITS/PLEADINGS WITHOUT OBTAINING PERMISSION FROM THE COURT. This is to produce the bribed protection of the Defendant Benavidez Jr. and Sinaloa Cartel, that is to also protect the Judicial bribes, cocaine for Judges and minor illegal alien children use by some NM pedophile Judges is the motive to destroy and block justice against Plaintiff Derringer. With full control in NM of the 3 branches of government and law enforcement the regime coup now stops Plaintiff Derringer by destroying any ability to use the United States Courts as any way for escape of the imprisonment of the NM public and judicial corruption. Easily seen, this treason is intended to absolutely stop any use of the United States Courts by David Derringer for redress and resolution, as it states in each illegal Order that Derringer cannot have any “future” use of the Courts. This not only ensures the rigging in defeat of this instant Case, but defeat in advance any now prohibited Derringer law suits against the Defendant Benavidez Jr. and Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, or Cartel, leaving them uninhibited ability to do all domestic terrorism and larceny against Plaintiff Derringer. This not only blocks all due process and equal protection of the other ongoing Derringer legal cases, but prevents Derringer from suing any further Sinaloa Cartel or corrupt public figure, corrupt Judge or any other person attacking Derringer, leaving Derringer singled-out in forced involuntary servitude to be destroyed by the corruption of New Mexico, particularly by the Defendant Benavidez Jr.. Traitor Judges are simply baiting Derringer, whereas clearly means even if Derringer files a request for “permission” (God given Constitutional rights of the 1st, 4th, 5th, and 14th Amendments require no “permission” from a Communist tyrant individual treasonous Judge in a robe), Derringer will be arrested for contempt, put in jail for the planned orchestrated murder of Derringer by some Sinaloa Cartel thug in the jail as some “plea deal”. Each illegal Order denying all Constitutional rights includes a warning that if Derringer files any paper (including stated mandate for “permission” to use God given Constitutional rights), Derringer will be jailed and (as street rumored) assassinated in jail or “suicided”.

BASIS FOR GRANTING THE WRIT:

The underlying case is specifically rigged to defeat justice and in subversion to the US Constitution Article III, Supremacy Clause of Article VI, and the NM Constitution Article II, Section 4, 5, 12, 10, 16, 18 Access to courts is a RIGHT enjoyed by all persons under Article II Section 18 of the New Mexico Constitution, REGARDLESS OF LEGAL REPRESENTATION. In this matter Plaintiff Derringer Pro-Se, is singled-out and targeted in discrimination to be forced to stand before a recused biased, prejudiced Judge in collusion with the RICO crimes of the Defendant Benavidez Jr. that won’t stop stealing known Derringer horses with the collusion of the Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, and the NMLB. The actions of the Judge demonstrate bias, prejudice and rigging the case to hold harmless Defendant Benavidez Jr. and simply dismiss the entire valid case. Defendant Benavidez Jr. has Defaulted either by no Answer whatsoever, fraud on the court by attorney D’Amato Jr, [5] and all Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, have Defaulted without any Answer whatsoever. Plaintiff Derringer is denied the mandated Default Judgments against all Defendants without hearings, without trial and ignoring the actual evidence provided as photographs in pleadings proving without doubt the liability of Defendant Benavidez Jr. and Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza. All Constitutional law is defied, including all rules, case laws, NM statutes and an illegal judge without jurisdiction doing treason. Additionally, Plaintiff is ordered not to file any pleadings, documents, papers, and ordered against Pro-Se representation, because the Plaintiff exposes public and judicial corruption properly under NMRA 1-090 “truth” and under rights of the 1st Amendment. Ordering the Plaintiff to stand before a proven biased, prejudiced and complicit accessory of the horse larceny Judge violates all due process and equal protection. To cover up the public and judicial corruption exposed involves discrimination, while Ordering not to further use of the United States Courts, demanding Plaintiff to only be able to be represented by an attorney violates 18 USC, 241, 242, 1503, and is treason, conspiracy, and perjury of oath under criminal acts 18 USC 2381, 2382, 2383 and involves protections of known RICO racketeering 18 USC 1966-1970. All matters of the trial court were fundamental error of both denial and deprivation of Constitutional rights, and in violation of all court rules.  All matters of the trial court were absolutely in jurisdictional defect as all law violated with a presiding traitor Communist Judge. The NM Court of Appeals deliberately ignored the vast fundamental error and all jurisdiction defect to cover up and protect felon Defendants Sinaloa Cartel horse rustling RICO felons Benjamin Benavidez Jr., Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, and also protect the known state agencies and employees and the Sinaloa Cartel. NM Court of Appeals deliberately denied the appeal, falsified and tampered with the court record to defeat justice. The NM Court of Appeals simply stopped any redress or replevin to be complicity to protect Defendant Benavidez Jr. and Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, to perfect the rigging of the case and hold harmless the Defaulted Defendants and ignore falsification of court records, tampering with evidence, Ordered violations of Constitutional rights against the Plaintiff and denial of any opportunity to be heard in treason.  

THE ISSUE OF RADICAL JUDICIAL CORRUPTION TO PROTECT FELONS OF STATE EMPLOYEE AND TO PROTECT AND HOLD HARMLESS ACTUAL SINALOA CARTEL AND DOMESTIC TERRORISTS IN MASSIVE KNOWN RICO RACKTERRINGER ACTS IN NEW MEXICO IS EXTREME SUBSTANTIAL PUBLIC INTEREST THAT SHOULD BE DETERMINED BY THE SUPREME COURT

Sustained in court record every act of the Defendant Benavidez Jr. and Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, are involved in RICO racketeering operations on the Santolina property in NM involving drug, human, minor children, automatic weapons trafficking and vast RICO horse rustling involving the NMLB and many state agencies and employee larceny of known Plaintiff Derringers horses, also as a means of domestic terrorism and hate crimes and persecution against Derringer for the whistleblowing of the exposure of the above mentioned RICO involvement of the NM State officials and judges of NM. It is empirical that public interests now knows the in New Mexico when a legal lawsuit is filed, and the Defendant is are ex-parte advised they don’t have to Answer the Complaint, that NM Judges can illegally deny and ignore the blatant Default to protect state employees, felons, domestic terrorists, foreign terrorists and preferred, political parties or whomever the judge choose, despite all law and rules contrary to the “conspiracy” and thus embolden case law that can be thus followed in the future for protection by the Judiciary of any select party. When the Plaintiff files for a legal Default judgment or summary due to fraud on the court, destruction and tampering with court records by the Defendants, the subversive attorney D’Amato Jr, the Judge can simply commit treason to the United States and against the Constitution and be supported without consequences or accountability by higher judges to perfect any deemed viable agenda in abeyance of all laws. All Defendants Benavidez Jr. and Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, have done fraud on the court and defaulted with no answer, mandating judgments against all of the Defendants.

ARGUMEMT:

All pleading filed by the Plaintiff describe in detail in both the District Court, and in the final NM Ct. App. The judicial corruption, wherein undeniably, the case is absolutely defective by fundamental error, jurisdictional defects, an extreme violations of all due process and equal protection, exposing vast RICO acts and felonies performed by not only the Defendant Benavidez Jr, and Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, but hate crimes by the attorneys, and Judges of both the District Court and NM Ct. App. directed at Plaintiff Derringer singled-out in retaliation, retribution, revenge of whistleblowing and persecution motivated from the Judges themselves also destroying and tampering with court records as felonies both state and federal. Plaintiff saturates the court record with volumes of Constitution, case law, statutes to no avail as ignored by all courts determined to rig the case and allow by protection the continuation on almost a daily basis the grand larceny of Derringer horses with particularly Defendant Benavidez Jr. and Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, acting in collusion and conspiracy directly with the NMLB and other state authorities to steal without basis in law in total violations of the 4th, 5th and 14th Amendments and violation of personal property act under 42 USC 1982, and then illegal commit hundreds of felonies “per horse” including illegally selling Derringer horses NMSA 30-16-11 and pocketing $Millions of dollars, wherein now stolen 792 known Derringer horses value $79,200,000.00 protected by the NM Judiciary where Defendant Benjamin Benavidez Jr. is directly involved in the larceny of all 792 horses.

A PRAYER FOR RELIEF:

Order Default Judgment against the Defendant Benjamin Benavidez Jr. and each of the Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, as to all counts in all requested amounts, using the Complaint unanswered as the facts of the matter and all Plaintiff Derringer pleadings as the authorities cited as legal sustaining law of the case, to include sustained requested amounts of sanctions against each Defendant separately, including sanctions against each Judge requested separately due to treason, perjury of oath, conspiracy against rights and deprivation of rights under color of law, and Ordering the following amounts appurtenant to each of the now stolen 792 missing known Derringer horses.  Each gross $dollar amount is to be given to Plaintiff Derringer for the illegal sale NMSA 30-16-11 of each horse sold, given, auctioned with a verifiable receipt of each of the known horses illegally sold in felonies under NMSA 30-16-11, with full documentation as to every person or entity that ever-had illegal adverse possession of each horse of Derringer personal property stolen property in all Defendants’ grand larceny. Defendant Benavidez Jr. and Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, are all separately to be Ordered held liable in punishment in the amount of $25,000.00 per horse for the act of larceny and related terrorism of Derringer precious animals in forced transportation,  and related trauma. All Defendants separately will be held 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 now 792 horses not returned will be considered that all the Defendants are separately to be Ordered liable for the facilitated murder of each of the horses sold deliberately to horse killers, sold out of the country, murdered by Defendants or others, whether butchering sales to killers for meat, sadistic retaliation or other evil, and all Defendants will be separately 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 any Derringer animal. All Defendants will be each separately responsible for an additional amount of $10,000.00 for each of the 792 returned or not returned horses that Defendant deprived Derringer the loss of time to have Derringer’s possession of Derringer’s personal property guaranteed by 42 USC 1982, by the willful Defendants’ illegal captivity and conspiracy, or the murder of the animal, all which deprived Derringer’s ability of training, use, companionship, enjoyment; and all the separate and distinct vast amounts in Complaint for loss of income, extreme emotional distress and mental anguish, and a permanent restraining Order to stop the ongoing larceny with stipulations for Defendant Benjamin Benavidez Jr. and Defendants working with the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, are never to touch, harass, or be no closer than 200 yards from any Derringer animal. If no Derringer stolen horse is returned as prescribed above all the Defendants will separately and distinctly each owe Plaintiff Derringer the amount per horse of $235,000.00; defined as stealing the horse $25,000.00, depriving use and enjoyment $10,000.00, value of each horse $100,000.00, and punishment for murdering the horse not returned of $100,000.00; whereas the actual value of all stolen Derringer horses is determined to be $79,200,000.00 plus punishment, sanctions, and torts claimed in the Complaint.  

DECISIONS: Each decision of the NM Court of Appeals was done without any assignment to any calendar and without any cited authorities or cited Constitution or applicable laws. Each Order denying Appeal was objected to by a proper Motion for Rehearing/reconsideration and each Order denial of the Rehearing was not supported by any authorities of rule of law. “the constitutional maxim that “[a] fair trial in a fair tribunal is a basic requirement of due process.” “This Court previously has recognized–even with respect to another statute the legislative history of which indicated that courts were to have “wide discretion exercising their equitable powers,” 118 Cong. Rec. 7168 (1972), quoted in Albemarle Paper Co. v. Moody, 422 U.S. 405, 421 (1975)–that “discretionary choices are not left to a court’s ‘inclination, but to its judgment; and its judgement is to be guided by sound legal principles.’ ” Id., at 416, quoting United States v. Burr, 25 F. Cas. 30, 35 (No. 14,692d) (CC Va. 1807) (Marshall, C.J.). Thus, a decision calling for the exercise of judicial discretion “hardly means that it is unfettered by meaningful standards or shielded from thorough appellate review.” Albemarle Paper Co., 422 U.S., at 416.”” United States v. Taylor, 487 U.S.326, 108 S. Ct. 2413, 101 L. Ed. 2d 297,56 U.S.L.W. 4744. (Emphasis added) 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, and the Constitution of the State of New Mexico, 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); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821) Any judge or attorney who does not report the above judges for treason as required by law may themselves be guilty of misprision of treason, 18 U.S.C. Section 2382. Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in "fraud upon the court". In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "Fraud upon the court is fraud which is directed to the judicial machinery itself It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function --- thus where the impartial functions of the court have been directly corrupted." Fraud upon the court" makes void the orders and judgments of that court. It is also clear and well-settled Illinois law that any attempt to commit "fraud upon the court" vitiates the entire proceeding. The People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934). ("The maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions."); Allen F. Moore v. Stanley F. Sievers, 336 Ill. 316; 168 N.E. 259 (1929) ("The maxim that fraud vitiates every transaction into which it enters ..."); In re Village of Willowbrook, 37 Ill.App.2d 393 (1962) ("It is axiomatic that fraud vitiates everything."); Dunham v. Dunham, 57 Ill.App. 475 (1894), affirmed 162 Ill. 589 (1896); Skelly Oil Co. v. Universal Oil Products Co., 338 Ill.App. 79, 86 N.E.2d 875, 883-4 (1949); Thomas Stasel v. The Federal law, when any officer of the court has committed "fraud upon the court", the orders and judgment of that court are void, of no legal force or effect. AMY In 1994, the U.S. Supreme Court held that "Disqualification is required if an objective observer would entertain reasonable questions about the judge's impartiality. If a judge's attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified.". Liteky v. U.S., 114 S.Ct. 1147, 1162 (1994). That Court also stated that Section 455(a) "requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), the Court stated that "It is important that the litigant not only actually receive justice, but that he believes that he has received justice." "Recusal under Section 455 is self-executing; a party need not file affidavits in support of recusal and the judge is obligated to recuse herself sua sponte under the stated circumstances." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989). None of the orders issued by any judge who has been disqualified by law would appear to be valid. It would appear that they are void as a matter of law, and are of no legal force or effect. Should a judge not disqualify himself, then the judge is violation of the Due Process Clause of the U.S. Constitution. United States v. Sciuto, 521 F.2d 842, 845 (7th Cir. 1996) ("The right to a tribunal free from bias or prejudice is based, not on section 144, but on the Due Process Clause."). Should a judge issue any order after he has been disqualified by law, and if the party has been denied of any of his / her property, then the judge may have been engaged in the Federal Crime of "interference with interstate commerce". The judge has acted in the judge's personal capacity and not in the judge's judicial capacity. It has been said that this judge, acting in this manner, has no more lawful authority than someone's next-door neighbor (provided that he is not a judge). However, some judges may not follow the law. If you were a non-represented litigant, and should the court not follow the law as to non-represented litigants, then the judge has expressed an "appearance of partiality" and, under the law, it would seem that he/she has disqualified him/herself. However, since not all judges keep up to date in the law, and since not all judges follow the law, it is possible that a judge may not know the ruling of the U.S. Supreme Court and the other courts on this subject. Notice that it states "disqualification is required" and that a judge "must be disqualified" under certain circumstances. JUDGE YOU HAVE BEEN AUTOMATICALLY DISQUALIFIED BY LAW. The Supreme Court has also held that if a judge wars against the Constitution, or if he acts without jurisdiction, he has engaged in treason to the Constitution. If a judge acts after he has been automatically disqualified by law, then he is acting without jurisdiction, and that suggest that he is then engaging in criminal acts of treason, and may be engaged in extortion and the interference with interstate commerce. Courts have repeatedly ruled that judges have no immunity for their criminal acts. Since both treason and the interference with interstate commerce are criminal acts, no judge has immunity to engage in such acts. All judges in this case both District Court and NM Court of Appeals are treasonous, have perjured their Oath and have broken every Constitutional law, case law, statutory law as perpetual lawbreakers against the Article III. 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).

Respectfully submitted by __________________________________________________

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

Certificate of Service 6-19-2024

I certify that I sent by mail a copy of this Petition to the New Mexico Supreme Court at:

237 Don Gaspar Ave., P.O. Box 848Santa Fe, NM 87504

[1] Martinez v. Winner, 771 F.2d 424 opinion modified on denial of rehearing 778 F.2d 553, cert granted, vacated; Tyus v. Martinez, 106 Supreme Court 1787, 475 US 1138, 90 L.Ed.2d 333 on remand 800 F.2d 230 “A judge is not only entitled, but also has a duty to take all lawful measures reasonably necessary to prevent the occurrence of a crime in his courtroom.”

[2] “prohibiting David Derringer from filing any further lawsuits/pleadings” [See 42 USC 1981, 1982, 18 USC 241, 242, 1503, 2381, 2382, 2383, Supremacy Clause Article VI, lack of jurisdiction Stump v. Sparkman, 435 U.S. 349 (1978) “A judge will be subject to liability when he has acted in the clear absence of all jurisdiction.” (D-202-MS-00010)

[3] Hazel-Atlas Glass Co. v Hartford-Empire Co., 322 U.S. 238 (1944) No. 398

[4] Both the Santolina and Pajarito are all private lands, both without even any legal designated roads, both of which are not legal herd districts, not a town, public access, not an Indian or government facility, whereas thus the New Mexico Livestock Board has no legal jurisdiction to access and certainly has no legal ability to capture horses on either property in grand larceny simply by intimidation and usurpation of power due to possession of a badge and gun. As NM Law NMSA 77-16-1 mandates a proper fence of the Pajarito fence line, that does not exist, both the Santolina and Pajarito are “open range” under NM Ct. App. No. 12-8853 FENCE THEM OUT.

[5] In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985)

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

David Derringer,                                                                                 No.

                                                                                                            No. A-1-CA-41828

Petitioner-Plaintiff,                                                                             Bernalillo County

CV-2023-09874

V.

Barclays Bank, Western Albuquerque Land Holdings LLC, Ted Garrett,

Respondents-Defendants,  

PETITIONER DAVID DERRINGER UNDER NMRA RULE 12-502 – PETITION FOR WRIT OF CERTIORARI FROM THE SUPREME COURT TO THE COURT OF APPEALS  

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

Order Denying Rehearing was filed 5-16-2024 Petition timely under Hazel-Atlas Glass Co. v Hartford-Empire Co., 322 U.S. 238 (1944) No. 398 due to fraud on the court.

QUESTIONS PRESENTED:

1.      Whether a Judge that Orders deprivations of due process and equal protection in sabotage of Article III Ordering no present of future use of the United States Courts can remain to illegally preside on the case without either jurisdiction or judicial capacity?

2.      Whether a Judge can ignore all Motions of a pro-se litigant, to rig a case ignoring that all Defendants failed and refused to Answer the Complaint and refuse to Order Default?

3.      Whether any Judge can deny due process and equal protection and deny opportunity to be heard?

4.      Whether any Judge can make Orders while with no jurisdiction of judicial capacity of the case being in a higher Court of Appeals?

5.      Whether any Judge can knowingly allow criminal acts by Defendant in the jurisdiction of the Court’s active case?

6.      Whether any Judge can allow Defendants and representing attorney to do distortion of court records, fraud on the court, deliberate false information and not sanction Defendant or seek disbarment of the errant attorneys?

7.      Whether any Judge can ignore and allow total unaccountability of Defendant who fail and refuse to Answer a Complaint and not Order a Default Judgment?

8.      Whether any Judge can provide protection, bias, prejudice for the Defendant proven and admitted to doing RICO horse rustling in collusion with the invading Sinaloa Cartel and the New Mexico Livestock Board so as to hold harmless liability for select Defendant?

9.      Whether any Judge can make rulings and Orders against all Constitution, Statutes and Case law, and not be held accountable for treason against the United States and liable for perjury of Oath?

10.  Whether the NM Supreme Court can allow Judges to preside denying due process and equal protection, protect Defaulted Defendant by ignoring and denying Default and Summary Judgements and Order a plaintiff not to use the United States Court system, not allowing a trial or hearing in discrimination, bias and prejudice against a pro-se Plaintiff?

11.  Whether the NM Supreme Court can allow judges to rule outside of law due to bribery by the invading Mexican National Sinaloa Cartel?

12.  Whether a judge, as in this case can be an accessory to the crimes of the Defendants, by facilitating the RICO horse rustling rigging the case for immunity of Defaulted Defendant to willfully and with knowledge, [1] allow the continuance of the crimes, and to illegally prohibit the Plaintiff from any further or future [2] use of the Courts, so as to block the Plaintiff from suing the felons again in the future? [3]

NATURE OF THE CASE FACTS MATERIAL TO THE QUESTIONS PRESENTED:

Benjamin Benavidez Jr. is the main Sinaloa Cartel RICO horse rustler having now worked directly with the felons of the New Mexico Livestock Board Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, George Mendoza, and Belinda Garland to steal in larceny and multiple other felonies 792 + known Derringer horses. Defendants Barclays Bank et al knows of the RICO racketeering on their own real estate property known as the Santolina where the NMLB and Sinaloa Cartel Benavidez Jr and the other domestic terrorists steal known Derringer horses and locks them in the alleged  “Benavidez corrals North of Grant road” in the middle of the Santolina of Barclays Bank, for the NMLB felon RICO horse rustlers to come with state tax trucks and trailers to re-steal the known Derringer horses worth $79,200,000.00 with known false and fraudulent claims of authority that is non-existent by statutes. Defendants Barclays Bank et al know that Benavidez Jr. is in breach of contract for his alleged grazing permit on the Santolina and ignore that he is a trespasser on the Santolina as the Defendant are involved in the profits of the RICO operations on the Santolina. Benavidez Jr. not only has past admitted to being a RICO horse rustler in D-202-CV-2014-07755 Derringer v. Benavidez Jr. et al (Answer of Benavidez Jr. on January 21, 2015) but is knowingly accepted by the NMLB as a felon they can illegally delegate to steal the known Derringer horses for the NMLB to then come and re-steal to illegally sell for profit they pocket in violation of NMSA 30-16-11 on the Santolina property of the Defendants. By rule of law, the NMLB is mandated to arrest Benavidez Jr. and all NMLB felons as well as the Defendants Barclays Bank et al under NMSA 29-1-1 and NMSA 77-9-22(f), but they use Sinaloa Cartel Benavidez Jr. on the Defendants’ Santolina as their main mule to steal horses where the NMLB not only attacks Derringer but makes $millions selling known Derringer horses. Despite providing absolute proof on ownership by Derringer of bills of sale, horse registration numbers, historical photographs, and a signed notarized affidavit proving Derringer ownership, with also proof of no possible jurisdiction of the NMLB to be on the Santolina, with Defendants Barclays Bank et al allowing the Sinaloa Cartel and the NMLB to steal horses, none are returned to Derringer as mandated under NMSA 29-1-2 or NMSA 77-33-9, and the NMLB and Defendants split the profits from the illegal sale of captured known Derringer horses. This case centers around the extreme public and judicial corruption of the State of New Mexico deliberately facilitating the invasion of the Sinaloa Cartel with willful open southern borders with Mexico, that expands Sinaloa Cartel drug and human trafficking for DHS-noted $32 Millions in profit in NM per week. This vast drug and blood money is being used as money payoffs and bribes to many NM Judges and public officials for the protection of the illegal rampant operations of the Sinaloa Cartel. It has been proven by the Plaintiff from past law suits, as a personal material witness, documents, photographs, and extreme evidence that the RICO racketeering horse rusting operations on the Santolina has a foundation by bribed protections. The Defendants’ Santolina Bernalillo County Sinaloa Cartel horse rustling is based on a scheme to steal known Plaintiff Derringer horses from the Pajarito, headed by Sinaloa Cartel Benjamin Benavidez Jr., New Mexico livestock Board and the political aspirations of the Defendants’ English Barclays Bank owner of the Santolina; directly involved in the Governor Grisham open border NM/Mexico aid and facilitation for the Invading Mexican National Sinaloa Cartel. The historical ramifications of the RICO horse rustling Plaintiff Derringer horses stemmed directly from the past Defendants Barclays Bank et al involvement with the corruption of the NMLB wherein after Benavidez Jr. acted on the Defendants Barclays Bank Santolina et al perfected stealing 2 Derringer horses in 2014 with the protection of the NMLB and the NM Courts, and judicial notice will sustain the confession and admitting of Benjamin Benavidez Jr. being a horse rustler, in D-202-CV-2014-07755, and selling horses to Dennis Chavez. In 2014, thus known and admitted Sinaloa Cartel RICO horse rustler Benjamin Benavidez Jr. of 9701 Volcanes NW, Albuquerque, New Mexico 87121 deliberately herded 2 known Derringer horses from the Southern Pajarito all private open range grazing lands, onto the Northern all private open range grazing lands, through the dilapidated statutory non-compliant Pajarito East/West dividing fence between the Santolina and Pajarito. [4] Upon suit, Derringer v. Benavidez. Jr. et al. D-202-CV-2014-07755; Benavidez Jr. Answer of January 21, 2015, Defendants Barclays Bank et al knows that Benavidez Jr. admitted to willfully capturing 2 known Derringer horses herded into the Santolina, owned by the Defendants, using the Benavidez Jr. trucks and trailers to illegally transport the stolen horses from Bernalillo County to Valencia County and sell them to admitted and formerly convicted felon Sinaloa Cartel horse rustler Dennis Chavez, DBA D.C. Livestock Auction, S.W. Livestock Auction, S.W. Event Center and known connection as the horse killer fence for stolen horses to Mexico. New Mexico Livestock Board Inspector Randall Riley forced victim Derringer to pay extortion/ransom the amount of $60 to Dennis Chavez for the return of Derringer’s 2 stolen horses. This established the direct connection between the Sinaloa Cartel RICO horse rustling operations of the Defendant’s Santolina with the NMLB facilitation of both participation and protection by mis-use of power of a badge and gun, to protect the RICO horse rustling, instead of the mandated under NMSA 29-1-1 and NMSA 77-9-22(f) to arrest both Benavidez Jr. and Dennis Chavez. It was found that the Defendant NMSP, and the BCSO deliberately protect both the Sinaloa Cartel and Defendants Barclays Bank et al as well as knowingly refuse to arrest any NMLB “officers” known to be RICO horse rustlers. In or about 2019, the New Mexico Livestock Board/Sinaloa Cartel realized the vast increasing numbers of known Derringer horses on the Pajarito with Derringer horses open breeding since 2012, of the original Derringer herd of 32 to now several hundred horses. In collaboration with the RICO Sinaloa Cartel, a plan was conceived where the NMLB embezzled state tax monies to hire Sinaloa Cartel foreign invaders, unsuspecting ropers from the rodeos at Belen and Grants, domestic terrorists, and use of horse rustler Benjamin Benavidez Jr. and his hired help and the NMLB Belinda Garland and inspectors of Darron “Shawn” Davis, Francisco “Cisco” Lovato, Randall Riley, Manuel Monte, Justin Gray, George Mendoza, and Sinaloa Cartel mules and employees Kym Damzyn, Mier Pedro, Ramon Manquero, Isidro Ruis Saenz, Hector Cabrera, and Dennis Chavez. The NMLB mis-used tax dollars to purchase hay and salt blocks to bait, trap and capture, entire herds of known Derringer horses, 22-34 at a time, with at least 5 locations of “bait stations” located remote from the Derringer residence. The NMLB, (witnessed by owner Derringer) then came with portable horse panels to capture and herd the known Derringer horses into state-trucks and trailers to steal the Derringer horses to concealment in places unknown, and illegally auction and sell the Derringer horses (NMSA 30-16-11) directly to horse killers to murder the Derringer horses for meat sales. (abuse of animals NMSA 30-18-1(E). By 2021, the Carbal NMLB/Benavidez/Sinaloa Cartel/Justin Gray blatantly began herding the known Derringer horses with 4-wheelers through the opened Pajarito fence onto the Defendants’ Santolina and then capturing the Derringer horses in alleged Santolina “Benavidez corrals North of Grant road”, whereas the Sinaloa Cartel would entrap the Derringer horses and lock them in corrals without food or water, for then the NMLB to come with state trailers and re-steal the Benavidez Jr. stolen horses on the Defendants’ Santolina, and then transport them to concealment, and unlawfully sell them and pocket hundreds of thousands of dollars of profit of stolen Derringer horses. As Derringer constantly attempted redress by law, the New Mexico State Police refused to help, claiming Derringer should leave the State of New Mexico, the Bernalillo County Sheriff was involved in protection of the Sinaloa Cartel and the NMLB, and the Valencia County Sheriff was protecting the “fence” Dennis Chavez and the Sinaloa Cartel. The NM Governor Michelle Lujan Grisham protected the Sinaloa Cartel and enabled the NM/Mexico border to remain wide open to facilitate the known RICO racketeering operations of the drug, human trafficking, minor children as sex slaves to some NM Judges and officials, trafficking automatic firearms, prostitution and other RICO operations, indicating that most NM Judges officials are bribed by the DHS-estimated $32 Million dollars profit of the Sinaloa Cartel in New Mexico each week. Hence, with the full evidence of the entire involvement of the State of New Mexico, state agencies, the names and identification of some of the Sinaloa Cartel foreign invaders, and the domestic terrorists supporting and participating in the RICO operations on the Defendants’ Santolina. It is obvious that now several NM Judges are involved with protection of the Defendants’ Santolina, as a long term political new town for tax revenue and in the meantime used in RICO operations to get cocaine to the NM Judges. Judge O’Connell of this case is a Communist traitor ordering Plaintiff Derringer not to be able to use the Courts against the Defendants with threats of jail and notably assassination of Derringer. Judge O’Connell has also deliberately dismissed the entire Derringer case while without jurisdiction already on appeal, and protected and directly involved with the Defendants to illegally remove the Plaintiff’s lis pendens before the litigation is complete, showing a bribery of Judge O’Connell from both the Defendants Barclays Bank et al and the Sinaloa Cartel to protect the RICO operations on the Defendants’ Santolina. Judge O’Connell is willing to enforce the protection of the corrupt state employees and the Sinaloa Cartel and protect the Defendants’ Santolina.. The presiding Judge has tampered with the court record and worked outside jurisdiction to protect the Defendants. Judge O’Connell has Ordered Derringer not to ever have use of the United States Courts as the way to protect Defendants Barclays Bank et al and the vast public employee felons and Sinaloa Cartel in the RICO horse rustling that is headed on the Santolina by mule Benavidez Jr. known to Defendants Barclays Bank et al. All these acts of the Judge of allowing attorneys to Default and to do fraud on the court for Defendants and destruction of court records are to sabotage Article III and defy all law to rig the case for protection of Defendants Barclays Bank et al. Defendants have total knowledge that Benavidez Jr. is completely responsible for the larceny of now 792 known Derringer horses and working with state NMLB employee Justin Gray have stolen 50 known Derringer horses just since April 9, 2024; all from the Defendants’ Santolina making the Defendants entirely liable, wherein they could stop the RICO on the Santolina as the property owners. It cannot be ignored in Court record the fraud on the Court of attorney of  and Defendants Barclays Bank et al and the Judge rigging the case without hearings or trial to dismiss the entire Complaint to protect all vast persons involved in RICO with Defendants Barclays Bank et al namely many NM State NMLB and law enforcement employees and the invading Sinaloa Cartel. Judge simply disregards all law and denies due process and equal protection against the Plaintiff to indemnify and hold harmless Defendants Barclays Bank et al to facilitate and aid the unrestrained larceny of $79,200,000.00 in value of known Derringer horses and other torts, rendering the entire judicial process mute. Representing Defendant’s attorney afor Defendants Barclays Bank et al falsified records, filed fraud on the court, and thus mitigated all response to precipitate Defendants Barclays Bank et al Default. Every act of the Judge was fundamental error and in jurisdictional defect. All illegal Orders of the Judge has been disqualified by law, most particularly the Orders denying Plaintiff’s use of the Courts. When the Plaintiff Derringer filed for the mandated Default judgment against non-Answered Derringer Complaint by Barclays bank et al, Judge O’Connell immediately responded, not with the mandated Order of Default, but an Order for Plaintiff Derringer not to ever again use the United States Courts. The NM Ct. App. Knowns the Derringer appeal is valid with the obvious fundamental error and extreme jurisdictional defect, and despite even the mandate to act sua sponte on these issues, the NM Court of Appeals was determined to protect Defendants Barclays Bank et al and the Sinaloa Cartel and dismisses the Appeal un fraud protection of Barclays Bank et al.  This is due to extreme protection bribes to most NM Judges by the Sinaloa Cartel as well as many Judges using the cocaine, methylamphetamines, fentanyl, human trafficked minor illegal alien unaccompanied children for judicial sex slaves of elite pedophiles in New Mexico. This is part of the motives to protect the head of the RICO horse rustling operation on the Santolina Benjamin Benavidez Jr. and protect the RICO property operations of the Sinaloa Cartel using the Santolina; all well-known and in conspiracy with the Defendants as owners of the property.  It is bribed Judicial corruption in the NM Courts defeating all valid suit causes of action by Plaintiff Derringer against all conspirators of the RICO operations that precipitate the dismissal of all suits and blocking and dismissing all appeals and then Orders against Derringer never to use the Courts. The actions of court record prove without doubt the extreme judicial corruption resolute to protect the RICO horse rustling operation against Plaintiff Derringer. This includes the vast knowledge of all NM Judiciary that the RICO horse rustling has now stolen and killed many of over 792 + known Derringer horses of value $79,200,000.00 as “no little matter”. The Judges are liable as this entails criminal violation of all NM larceny and Federal Crime of "interference with interstate commerce" of complicit Judges knowingly allowing this by protecting the Defendant. The Judge O’Connell refuses any replevin or redress for the victim/Plaintiff Derringer to be the party that has been denied of any of his property as a Communist domestic terrorist in treason, rather ruling illegally to take all Derringer’s Constitutional rights. Without jurisdiction, the Judge has acted in the judge's personal capacity and not in the judge's judicial capacity, but in treason and facilitation of RICO racketeering and protection of an invading enemy of the United States for obvious personal gain. Plaintiff Derringer is a Pro-Se non-represented litigant, and the court will not follow any law as to use judicial terrorism on a non-represented litigant. The Judge definitely has expressed an "appearance of partiality" and, under the law, Judge O’Connell has disqualified herself, meaning that a judge "must be disqualified" under certain circumstances. Upon appeal, the corruption of the NM Ct. App. is adamant to again ignore the fundamental errors of all denial of due process, equal protection and forced submission to simply dismiss the Appeal without valid authorities and in protection of the Defendant. The NM Ct. App. also simply ignored the Plaintiff-Appellant’s Motion mandating a new Judge designation under Title 28 Section 455. During this process now, in judicial terrorism explicitly designed to stop Plaintiff Derringer and protect the Sinaloa Cartel RICO operations, now five separate Judges have Ordered David Derringer not to file any further lawsuits, totally against the US Constitution, the NM Constitution, 42 USC 1981, 1983, 1985, 1986. Judge Marie Ward, never having any jurisdiction in persona of Derringer, simply sua sponte entered the fray to terrorize and intimidate Derringer. In criminal acts of treason and obstruction of justice Judges Medina, Ives, Ortega, Duffy, Yohalem, Torres, Ward, O’Connell, Henderson, Brickhouse, Shepherd have made Orders and agreed to the denying all current litigation of Derringer, and banning any “future” use of the United States Court system against Derringer in felonies under 18 USC 241, 242, 1503, 2381, 2382, 2383 and RICO 18 USC 1965-1970. This deliberately leaves no law available in the United States to singled-out and targeted discrimination against Derringer with no possible redress or protection by use of Constitution Article III; not to file any additional lawsuits and as “Further, Plaintiff David Derringer may not file any further motions, papers, documents or pleadings in this case absent express permission by this Court.” Judge Ward without jurisdiction prevents any filing in this matter in the District Court not having any jurisdiction or judicial capacity stating IN THE MATTER OF PROHIBITING DAVID DERRINGER FROM FILING ANY FURTHER LAWSUITS/PLEADINGS WITHOUT OBTAINING PERMISSION FROM THE COURT. This is to produce the bribed protection of the Defendants Barclays Bank et al and Sinaloa Cartel, that is to also protect the Judicial bribes, cocaine for Judges and minor illegal alien children use by some NM pedophile Judges is the motive to destroy and block justice against Plaintiff Derringer. With full control in NM of the 3 branches of government and law enforcement the regime coup now stops Plaintiff Derringer by destroying any ability to use the United States Courts as any way for escape of the imprisonment of the NM public and judicial corruption. Easily seen, this treason is intended to absolutely stop any use of the United States Courts by David Derringer for redress and resolution, as it states in each illegal Order that Derringer cannot have any “future” use of the Courts. This not only ensures the rigging in defeat of the this instant Case, but defeat in advance any now prohibited Derringer law suits against the Defendant or Cartel, leaving them uninhibited ability to do all domestic terrorism and larceny against Plaintiff Derringer. This not only blocks all due process and equal protection of the other ongoing Derringer legal cases, but prevents Derringer from suing any further Sinaloa Cartel or corrupt public figure, corrupt Judge or any other person attacking Derringer, leaving Derringer singled-out in forced involuntary servitude to be destroyed by the corruption of New Mexico, particularly by the Defendants Barclays Bank et al. Traitor Judges are simply baiting Derringer, whereas clearly means even if Derringer files a request for “permission” (God given Constitutional rights of the 1st, 4th, 5th, and 14th Amendments require no “permission” from a Communist tyrant individual treasonous Judge in a robe), Derringer will be arrested for contempt, put in jail for the planned orchestrated murder of Derringer by some Sinaloa Cartel thug in the jail as some “plea deal”. Each illegal Order denying all Constitutional rights includes a warning that if Derringer files any paper (including stated mandate for “permission” to use God given Constitutional rights), Derringer will be jailed and (as street rumored) assassinated in jail or “suicided”.

BASIS FOR GRANTING THE WRIT:

The underlying case is specifically rigged to defeat justice and in subversion to the US Constitution Article III, Supremacy Clause of Article VI, and the NM Constitution Article II, Section 4, 5, 12, 10, 16, 18 Access to courts is a RIGHT enjoyed by all persons under Article II Section 18 of the New Mexico Constitution, REGARDLESS OF LEGAL REPRESENTATION. In this matter Plaintiff Derringer Pro-Se, is singled-out and targeted in discrimination to be forced to stand before a recused biased, prejudiced Judge in collusion with the RICO crimes of the collusion and facilitation of Defendants Barclays Bank et al that won’t stop the facilitation on the Santolina of stealing known Derringer horses with the collusion of the NMLB. The actions of the Judge demonstrate bias, prejudice and rigging the case to hold harmless Defendants Barclays Bank et al and simply dismiss the entire valid case. Defendants Barclays Bank et al has Defaulted by no Answer whatsoever, and extreme fraud on the court. Judge O’Connell violates all law without hearings, without trial and ignoring the actual evidence provided as photographs in pleadings proving without doubt the liability of DEFAULTED Defendants Barclays Bank et al. All Constitutional law is defied, including all rules, case laws, NM statutes and an illegal judge without jurisdiction doing treason. Additionally, Plaintiff is ordered not to file any pleadings, documents, papers, and ordered against Pro-Se representation, because the Plaintiff exposes public and judicial corruption properly under NMRA 1-090 “truth” and under rights of the 1st Amendment. Ordering the Plaintiff to stand before a proven biased, prejudiced and complicit accessory Judge O’Connell as the accessory horse larceny Judge that violates all due process and equal protection. To cover up the public and judicial corruption exposed involves discrimination, while Ordering not to further use of the United States Courts, demanding Plaintiff to only be able to be represented by an attorney violates 18 USC, 241, 242, 1503, and is treason, conspiracy, and perjury of oath under criminal acts 18 USC 2381, 2382, 2383 and involves protections of known RICO racketeering 18 USC 1966-1970. All matters of the trial court were fundamental error of both denial and deprivation of Constitutional rights, and in violation of all court rules.  All matters of the trial court were absolutely in jurisdictional defect as all law violated with a presiding traitor Communist Judge. The NM Court of Appeals deliberately ignored the vast fundamental error and all jurisdiction defect to cover up and protect felon Defendant Benavidez Jr and also protect the known state agencies and employees and the Sinaloa Cartel. NM Court of Appeals deliberately denied the appeal, falsified and tampered with the court record to defeat justice. The NM Court of Appeals simply stopped any redress or replevin to be complicity to protect Defendants Barclays Bank et al to perfect the rigging of the case and hold harmless the Defaulted Defendants and ignore falsification of court records, tampering with evidence, Ordered violations of Constitutional rights against the Plaintiff and denial of any opportunity to be heard in treason.  

THE ISSUE OF RADICAL JUDICIAL CORRUPTION TO PROTECT FELONS OF STATE EMPLOYEE AND TO PROTECT AND HOLD HARMLESS ACTUAL SINALOA CARTEL AND DOMESTIC TERRORISTS IN MASSIVE KNOWN RICO RACKTERRINGER ACTS IN NEW MEXICO IS EXTREME SUBSTANTIAL PUBLIC INTEREST THAT SHOULD BE DETERMINED BY THE SUPREME COURT

Sustained in court record every act of the Defendants Barclays Bank et al is involved in RICO racketeering operations on their own Santolina property in NM involving drug, human, minor children, automatic weapons trafficking and vast RICO horse rustling involving the NMLB and many state agencies and employee larceny of known Plaintiff Derringers horses, also as a means of domestic terrorism and hate crimes and persecution against Derringer for the whistleblowing of the exposure of the above mentioned RICO involvement of the NM State officials and judges of NM. It is empirical that public interests now knows the in New Mexico when a legal lawsuit is filed, and the Defendant is are ex-parte advised they don’t have to Answer the Complaint, that NM Judges can illegally deny and ignore the blatant Default to protect state employees, felons, domestic terrorists, foreign terrorists and preferred, political parties or whomever the judge choose, despite all law and rules contrary to the “conspiracy” and thus embolden case law that can be thus followed in the future for protection by the Judiciary of any select party. When the Plaintiff files for a legal Default judgment or summary due to fraud on the court, destruction and tampering with court records by the Defendant and subversive attorney D’Amato Jr, the Judge can simply commit treason to the United States and against the Constitution and be supported without consequences or accountability by higher judges to perfect any deemed viable agenda in abeyance of all laws. Defendants Barclays Bank et al are all in total DEFAULT of the Complaint.

ARGUMEMT:

All pleading filed by the Plaintiff describe in detail in both the District Court, and in the final NM Ct. App. The judicial corruption, wherein undeniably, the case is absolutely defective by fundamental error, jurisdictional defects, an extreme violations of all due process and equal protection, exposing vast RICO acts and felonies performed by facilitation and collusion by the Defendants Barclays bank deliberately allowing use of their property for RICO racketeering, but hate crimes by the attorneys, and Judges of both the District Court and NM Ct. App. directed at Plaintiff Derringer singled-out in retaliation, retribution, revenge of whistleblowing and persecution motivated from the Judges themselves also destroying and tampering with court records as felonies both state and federal. Plaintiff saturates the court record with volumes of Constitution, case law, statutes to no avail as ignored by all courts determined to rig the case and allow by protection the continuation on almost a daily basis the grand larceny of Derringer horses only enabled with particularly by the facilitation and use of the Santolina property owned by Defendants Barclays Bank et al acting in collusion and conspiracy directly with the NMLB and other state authorities to steal without basis in law in total violations of the 4th, 5th and 14th Amendments and violation of personal property act under 42 USC 1982, and then illegal commit hundreds of felonies “per horse” including illegally selling Derringer horses NMSA 30-16-11 and pocketing $Millions of dollars, wherein now stolen 792 known Derringer horses value $79,200,000.00 protected by the NM Judiciary where Defendants Barclays bank et al are directly involved in conspiracy, facilitation and complicit as accessories to the larceny of all known Derringer 792 horses.

A PRAYER FOR RELIEF:

Order Default Judgment against the Defendants Barclays Bank et al as to all counts in all requested amounts, using the Complaint unanswered as the facts of the matter and all Plaintiff Derringer pleadings as the authorities cited as legal sustaining law of the case, to include sustained requested amounts of sanctions against the Defendants separately, including sanctions against Judge O’Connell and each Judge requested separately due to treason, perjury of oath, conspiracy against rights and deprivation of rights under color of law, and Ordering the following amounts appurtenant to each of the now stolen 792 missing known Derringer horses.  Each gross $dollar amount is to be given to Plaintiff Derringer for the illegal sale NMSA 30-16-11 of each horse sold, given, auctioned with a verifiable receipt of each of the known horses illegally sold in felonies under NMSA 30-16-11, with full documentation as to every person or entity that ever-had illegal adverse possession of each horse of Derringer personal property stolen property in Defendants’ facilitation and accessory to grand larceny. Defendants each separately to be Ordered held liable in punishment in the amount of $25,000.00 per horse for the act of larceny and related terrorism of Derringer precious animals in forced transportation, and related trauma. Each of the Defendants will be separately held 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 now 792 horses not returned will be considered that the Defendants are each separately to be Ordered liable for the facilitated murder of each of the horses sold deliberately to horse killers, sold out of the country, murdered by Defendants’ complicity and as accessories, or others, whether butchering sales to killers for meat, sadistic retaliation or other evil, and each Defendant will be separately 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 any Derringer animal. Each Defendant will be separately responsible for an additional amount of $10,000.00 for each of the 792 returned or not returned horses that Defendants’ neglect to prevent by being in collusion deliberate use of their Santolina property to be uses as RICO horse rustling directly deprived Derringer the loss of time to have Derringer’s possession of Derringer’s personal property guaranteed by 42 USC 1982, by the willful Defendants’ illegal captivity and conspiracy on the Santolina, or the murder of the animal, all which deprived Derringer’s ability of training, use, companionship, enjoyment; and all the separate and distinct vast amounts in Complaint for loss of income, extreme emotional distress and mental anguish, and a permanent restraining Order to stop the ongoing larceny with stipulations for Defendants not to ever allow Benjamin Benavidez Jr. Defendants themselves or any other party known to the Defendants, never to touch, harass, or be no closer than 200 yards from any Derringer animal. If no Derringer stolen horse is returned as prescribed above each of the Defendants Barclays Bank, Western Albuquerque Land Holdings LLC, Ted Garrett,  will separately and distinctly owe Plaintiff Derringer the amount per horse of $235,000.00; defined as stealing the horse $25,000.00, depriving use and enjoyment $10,000.00, value of each horse $100,000.00, and punishment for facilitation of the murdering the horse not returned of $100,000.00; whereas the actual value of all stolen Derringer horses is determined to be $79,200,000.00 plus punishment, sanctions, and torts claimed in the Complaint.  

DECISIONS: Each decision of the NM Court of Appeals was done without any assignment to any calendar and without any cited authorities or cited Constitution or applicable laws. Each Order denying Appeal was objected to by a proper Motion for Rehearing/reconsideration and each Order denial of the Rehearing was not supported by any authorities of rule of law. “the constitutional maxim that “[a] fair trial in a fair tribunal is a basic requirement of due process.” “This Court previously has recognized–even with respect to another statute the legislative history of which indicated that courts were to have “wide discretion exercising their equitable powers,” 118 Cong. Rec. 7168 (1972), quoted in Albemarle Paper Co. v. Moody, 422 U.S. 405, 421 (1975)–that “discretionary choices are not left to a court’s ‘inclination, but to its judgment; and its judgement is to be guided by sound legal principles.’ ” Id., at 416, quoting United States v. Burr, 25 F. Cas. 30, 35 (No. 14,692d) (CC Va. 1807) (Marshall, C.J.). Thus, a decision calling for the exercise of judicial discretion “hardly means that it is unfettered by meaningful standards or shielded from thorough appellate review.” Albemarle Paper Co., 422 U.S., at 416.”” United States v. Taylor, 487 U.S.326, 108 S. Ct. 2413, 101 L. Ed. 2d 297,56 U.S.L.W. 4744. (Emphasis added) 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, and the Constitution of the State of New Mexico, 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); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821) Any judge or attorney who does not report the above judges for treason as required by law may themselves be guilty of misprision of treason, 18 U.S.C. Section 2382. Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in "fraud upon the court". In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "Fraud upon the court is fraud which is directed to the judicial machinery itself It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function --- thus where the impartial functions of the court have been directly corrupted." Fraud upon the court" makes void the orders and judgments of that court. It is also clear and well-settled Illinois law that any attempt to commit "fraud upon the court" vitiates the entire proceeding. The People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934). ("The maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions."); Allen F. Moore v. Stanley F. Sievers, 336 Ill. 316; 168 N.E. 259 (1929) ("The maxim that fraud vitiates every transaction into which it enters ..."); In re Village of Willowbrook, 37 Ill.App.2d 393 (1962) ("It is axiomatic that fraud vitiates everything."); Dunham v. Dunham, 57 Ill.App. 475 (1894), affirmed 162 Ill. 589 (1896); Skelly Oil Co. v. Universal Oil Products Co., 338 Ill.App. 79, 86 N.E.2d 875, 883-4 (1949); Thomas Stasel v. The Federal law, when any officer of the court has committed "fraud upon the court", the orders and judgment of that court are void, of no legal force or effect. AMY In 1994, the U.S. Supreme Court held that "Disqualification is required if an objective observer would entertain reasonable questions about the judge's impartiality. If a judge's attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified.". Liteky v. U.S., 114 S.Ct. 1147, 1162 (1994). That Court also stated that Section 455(a) "requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), the Court stated that "It is important that the litigant not only actually receive justice, but that he believes that he has received justice." "Recusal under Section 455 is self-executing; a party need not file affidavits in support of recusal and the judge is obligated to recuse herself sua sponte under the stated circumstances." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989). None of the orders issued by any judge who has been disqualified by law would appear to be valid. It would appear that they are void as a matter of law, and are of no legal force or effect. Should a judge not disqualify himself, then the judge is violation of the Due Process Clause of the U.S. Constitution. United States v. Sciuto, 521 F.2d 842, 845 (7th Cir. 1996) ("The right to a tribunal free from bias or prejudice is based, not on section 144, but on the Due Process Clause."). Should a judge issue any order after he has been disqualified by law, and if the party has been denied of any of his / her property, then the judge may have been engaged in the Federal Crime of "interference with interstate commerce". The judge has acted in the judge's personal capacity and not in the judge's judicial capacity. It has been said that this judge, acting in this manner, has no more lawful authority than someone's next-door neighbor (provided that he is not a judge). However, some judges may not follow the law. If you were a non-represented litigant, and should the court not follow the law as to non-represented litigants, then the judge has expressed an "appearance of partiality" and, under the law, it would seem that he/she has disqualified him/herself. However, since not all judges keep up to date in the law, and since not all judges follow the law, it is possible that a judge may not know the ruling of the U.S. Supreme Court and the other courts on this subject. Notice that it states "disqualification is required" and that a judge "must be disqualified" under certain circumstances. JUDGE YOU HAVE BEEN AUTOMATICALLY DISQUALIFIED BY LAW. The Supreme Court has also held that if a judge wars against the Constitution, or if he acts without jurisdiction, he has engaged in treason to the Constitution. If a judge acts after he has been automatically disqualified by law, then he is acting without jurisdiction, and that suggest that he is then engaging in criminal acts of treason, and may be engaged in extortion and the interference with interstate commerce. Courts have repeatedly ruled that judges have no immunity for their criminal acts. Since both treason and the interference with interstate commerce are criminal acts, no judge has immunity to engage in such acts. All judges in this case both District Court and NM Court of Appeals are treasonous, have perjured their Oath and have broken every Constitutional law, case law, statutory law as perpetual lawbreakers against the Article III. 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).

Respectfully submitted by __________________________________________________

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

Certificate of Service 6-19-2024

I certify that I sent by mail a copy of this Petition to the New Mexico Supreme Court at:

237 Don Gaspar Ave., P.O. Box 848Santa Fe, NM 87504

[1] Martinez v. Winner, 771 F.2d 424 opinion modified on denial of rehearing 778 F.2d 553, cert granted, vacated; Tyus v. Martinez, 106 Supreme Court 1787, 475 US 1138, 90 L.Ed.2d 333 on remand 800 F.2d 230 “A judge is not only entitled, but also has a duty to take all lawful measures reasonably necessary to prevent the occurrence of a crime in his courtroom.”

[2] “prohibiting David Derringer from filing any further lawsuits/pleadings” [See 42 USC 1981, 1982, 18 USC 241, 242, 1503, 2381, 2382, 2383, Supremacy Clause Article VI, lack of jurisdiction Stump v. Sparkman, 435 U.S. 349 (1978) “A judge will be subject to liability when he has acted in the clear absence of all jurisdiction.” (D-202-MS-00010)

[3] Hazel-Atlas Glass Co. v Hartford-Empire Co., 322 U.S. 238 (1944) No. 398

[4] Both the Santolina and Pajarito are all private lands, both without even any legal designated roads, both of which are not legal herd districts, not a town, public access, not an Indian or government facility, whereas thus the New Mexico Livestock Board has no legal jurisdiction to access and certainly has no legal ability to capture horses on either property in grand larceny simply by intimidation and usurpation of power due to possession of a badge and gun. As NM Law NMSA 77-16-1 mandates a proper fence of the Pajarito fence line, that does not exist, both the Santolina and Pajarito are “open range” under NM Ct. App. No. 12-8853 FENCE THEM OUT.

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

David Derringer,                                                                                 No.

                                                                                                            No. A-1-CA-41838

Petitioner-Plaintiff,                                                                             Bernalillo County

CV-2022-03437

V.

BENJAMIN BENAVIDEZ JR.,

Respondent-Defendant,  

PETITIONER DAVID DERRINGER UNDER NMRA RULE 12-502 – PETITION FOR WRIT OF CERTIORARI FROM THE SUPREME COURT TO THE COURT OF APPEALS  

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

Order Denying Rehearing was filed 5-22-2024

QUESTIONS PRESENTED:

1.      Whether a Judge that Orders deprivations of due process and equal protection in sabotage of Article III Ordering no present of future use of the United States Courts can remain to illegally preside on the case without either jurisdiction or judicial capacity?

2.      Whether a Judge Ortega can ignore all Motions of a pro-se litigant, to rig a case ignoring that all Defendants failed and refused to Answer the Complaint and refuse to Order Default?

3.      Whether any Judge can deny due process and equal protection and deny opportunity to be heard?

4.      Whether any Judge can make Orders while with no jurisdiction of judicial capacity of the case being in a higher Court of Appeals?

5.      Whether any Judge can knowingly allow criminal acts by Defendant in the jurisdiction of the Court’s active case?

6.      Whether any Judge can allow Defendants and representing attorney to do distortion of court records, fraud on the court, deliberate false information and not sanction Defendant or seek disbarment of the errant attorneys?

7.      Whether any Judge can ignore and allow total unaccountability of Defendant who fail and refuse to Answer a Complaint and not Order a Default Judgment?

8.      Whether any Judge can provide protection, bias, prejudice for the Defendant proven and admitted to doing RICO horse rustling in collusion with the invading Sinaloa Cartel and the New Mexico Livestock Board so as to hold harmless liability for select Defendant?

9.      Whether any Judge can make rulings and Orders against all Constitution, Statutes and Case law, and not be held accountable for treason against the United States and liable for perjury of Oath?

10.  Whether the NM Supreme Court can allow Judges to preside denying due process and equal protection, protect Defaulted Defendant by ignoring and denying Default and Summary Judgements and Order a plaintiff not to use the United States Court system, not allowing a trial or hearing in discrimination, bias and prejudice against a pro-se Plaintiff?

11.  Whether the NM Supreme Court can allow judges to rule outside of law due to bribery by the invading Mexican National Sinaloa Cartel?

12.  Whether a judge, as in this case can be an accessory to the crimes of the Defendants, by facilitating the RICO horse rustling rigging the case for immunity of Defaulted Defendant to willfully and with knowledge, [1] allow the continuance of the crimes, and to illegally prohibit the Plaintiff from any further or future [2] use of the Courts, so as to block the Plaintiff from suing the felons again in the future? [3]

NATURE OF THE CASE FACTS MATERIAL TO THE QUESTIONS PRESENTED:

Defendant Benjamin Benavidez Jr. is the main Sinaloa Cartel RICO horse rustler having now worked directly with the felons of the New Mexico Livestock Board Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, George Mendoza, and Belinda Garland to steal in larceny and multiple other felonies 792 + known Derringer horses. Defendant Benavidez Jr. steals known Derringer horses and locks them in “Benavidez corrals North of Grant road” for the NMLB felon RICO horse rustlers to come with state tax trucks and trailers to re-steal the known Derringer horses worth $79,200,000.00 with known false and fraudulent claims of authority that is non-existent by statutes. Defendant Benavidez Jr. not only has past admitted to being a RICO horse rustler in D-202-CV-2014-07755 Derringer v. Benavidez Jr. et al (Answer of Benavidez Jr. on January 21, 2015) but is knowingly accepted by the NMLB as a felon they can illegally delegate to steal the known Derringer horses for the NMLB to then come and re-steal to illegally sell for profit they pocket in violation of NMSA 30-16-11. By rule of law, the NMLB is mandated to arrest Defendant Benavidez Jr. under NMSA 29-1-1 and NMSA 77-9-22(f), but they use Sinaloa Cartel as their main mule to steal horses where the NMLB not only attacks Derringer but makes $millions selling known Derringer horses. Despite providing absolute proof on ownership by Derringer of bills of sale, horse registration numbers, historical photographs, and a signed notarized affidavit proving Derringer ownership, with also proof of no possible jurisdiction of the NMLB to be on the Santolina with Defendant Benavidez Jr. stealing horses, none are returned to Derringer as mandated under NMSA 29-1-2 or NMSA 77-33-9, and the NMLB and Defendants split the profits from the illegal sale of captured known Derringer horses. This case centers around the extreme public and judicial corruption of the State of New Mexico deliberately facilitating the invasion of the Sinaloa Cartel with willful open southern borders with Mexico, that expands Sinaloa Cartel drug and human trafficking for DHS-noted $32 Millions in profit in NM per week. This vast drug and blood money is being used as money payoffs and bribes to many NM Judges and public officials for the protection of the illegal rampant operations of the Sinaloa Cartel. It has been proven by the Plaintiff from past law suits, as a personal material witness, documents, photographs, and extreme evidence that the RICO racketeering horse rusting operations on the Santolina has a foundation by bribed protections. The Bernalillo County Sinaloa Cartel horse rustling is based on a scheme to steal known Plaintiff Derringer horses from the Pajarito, headed by Sinaloa Cartel Defendant Benjamin Benavidez Jr., New Mexico livestock Board and the political aspirations of the English Barclays Bank owner of the Santolina; directly involved in the Governor Grisham open border NM/Mexico aid and facilitation for the Invading Mexican National Sinaloa Cartel. The historical ramifications of the RICO horse rustling Plaintiff Derringer horses stemmed directly from the past Defendant Benavidez Jr. involvement with the corruption of the NMLB wherein after Defendant Benavidez Jr. perfected stealing 2 Derringer horses in 2014 with the protection of the NMLB and the NM Courts, and judicial notice will sustain the confession and admitting of Benjamin Benavidez Jr. being a horse rustler, in D-202-CV-2014-07755, and selling horses to Defendant Dennis Chavez. In 2014, thus known and admitted Sinaloa Cartel RICO horse rustler Benjamin Benavidez Jr. of 9701 Volcanes NW, Albuquerque, New Mexico 87121 deliberately herded 2 known Derringer horses from the Southern Pajarito all private open range grazing lands, onto the Northern all private open range grazing lands, through the dilapidated statutory non-compliant Pajarito East/West dividing fence between the Santolina and Pajarito. [4] Upon suit, Derringer v. Benavidez. Jr. et al. D-202-CV-2014-07755; Benavidez Jr. Answer of January 21, 2015, Defendant Benavidez Jr. admitted to willfully capturing 2 known Derringer horses herded into the Santolina, using the Benavidez Jr. trucks and trailers to illegally transport the stolen horses from Bernalillo County to Valencia County and sell them to admitted and formerly convicted felon Sinaloa Cartel horse rustler Dennis Chavez, DBA D.C. Livestock Auction, S.W. Livestock Auction, S.W. Event Center and known connection as the horse killer fence for stolen horses to Mexico. New Mexico Livestock Board Inspector Randall Riley forced victim Derringer to pay extortion/ransom the amount of $60 to Dennis Chavez for the return of Derringer’s 2 stolen horses. This established the direct connection between the Sinaloa Cartel RICO horse rustling operations of the Santolina with the NMLB facilitation of both participation and protection by mis-use of power of a badge and gun, to protect the RICO horse rustling, instead of the mandated under NMSA 29-1-1 and NMSA 77-9-22(f) to arrest both Benavidez Jr. and Dennis Chavez. It was found that the Defendant NMSP, and the BCSO deliberately protect both the Sinaloa Cartel and Defendant Benavidez Jr. as well as knowingly refuse to arrest any NMLB “officers” known to be RICO horse rustlers. In or about 2019, the New Mexico Livestock Board/Sinaloa Cartel realized the vast increasing numbers of known Derringer horses on the Pajarito with Derringer horses open breeding since 2012, of the original Derringer herd of 32 to now several hundred horses. In collaboration with the RICO Sinaloa Cartel, a plan was conceived where the NMLB embezzled state tax monies to hire Sinaloa Cartel foreign invaders, unsuspecting ropers from the rodeos at Belen and Grants, domestic terrorists, and use of horse rustler Defendant Benjamin Benavidez Jr. and his hired help and the NMLB Belinda Garland and inspectors of Darron “Shawn” Davis, Francisco “Cisco” Lovato, Randall Riley, Manuel Monte, Justin Gray, George Mendoza, and Sinaloa Cartel mules and employees Kym Damzyn, Mier Pedro, Ramon Manquero, Isidro Ruis Saenz, Hector Cabrera, and Dennis Chavez. The NMLB mis-used tax dollars to purchase hay and salt blocks to bait, trap and capture, entire herds of known Derringer horses, 22-34 at a time, with at least 5 locations of “bait stations” located remote from the Derringer residence. The NMLB, (witnessed by owner Derringer) then came with portable horse panels to capture and herd the known Derringer horses into state-trucks and trailers to steal the Derringer horses to concealment in places unknown, and illegally auction and sell the Derringer horses (NMSA 30-16-11) directly to horse killers to murder the Derringer horses for meat sales. (abuse of animals NMSA 30-18-1(E). By 2021, the Carbal NMLB/Benavidez/Sinaloa Cartel/Justin Gray blatantly began herding the known Derringer horses with 4-wheelers through the opened Pajarito fence onto the Santolina and then capturing the Derringer horses in “Benavidez corrals North of Grant road”, whereas Sinaloa Cartel Defendant Benavidez Jr. would entrap the Derringer horses and lock them in corrals without food or water, for then the NMLB to come with state trailers and re-steal the Benavidez Jr. stolen horses, transport them to concealment, and unlawfully sell them and pocket hundreds of thousands of dollars of profit of stolen Derringer horses. As Derringer constantly attempted redress by law, the New Mexico State Police refused to help, claiming Derringer should leave the State of New Mexico, the Bernalillo County Sheriff was involved in protection of the Sinaloa Cartel and the NMLB, and the Valencia County Sheriff was protecting the “fence” Dennis Chavez and the Sinaloa Cartel. The NM Governor Michelle Lujan Grisham protected the Sinaloa Cartel and enabled the NM/Mexico border to remain wide open to facilitate the known RICO racketeering operations of the drug, human trafficking, minor children as sex slaves to some NM Judges and officials, trafficking automatic firearms, prostitution and other RICO operations, indicating that most NM Judges officials are bribed by the DHS-estimated $32 Million dollars profit of the Sinaloa Cartel in New Mexico each week. Hence, with the full evidence of the entire involvement of the State of New Mexico, state agencies, the names and identification of some of the Sinaloa Cartel foreign invaders, and the domestic terrorists supporting and participating in the RICO operations, Derringer sued in C-202-CV-2022-03437. Upon suit, it was obvious that several reputable NM Judges recused, not wanting to be party to what they already knew was based in NM corruption, with finally delegated Judge willing to enforce the protection of the corrupt state employees and the Sinaloa Cartel. The presiding Judge is Ordering destruction of the court record and Ordering Derringer not to ever have use of the United States Courts as the way to protect Defendant Benavidez Jr. and the vast public employee felons and Sinaloa Cartel in the RICO horse rustling that is headed on the Santolina by Defendant Benavidez Jr. All these acts of the Judge of allowing attorney D’Amato Jrl to do fraud on the court for Defendant Banavidez Jr. and destruction of court records are to sabotage Article III and defy all law to rig the case for protection of Defendant Benavidez Jr. Defendant Benafidiez Jr. is completely responsible for the larceny of now 792 known Derringer horses and working with state NMLB employee Justin Gray have stolen 50 known Derringer horses just since April 9, 2024. It cannot be ignored in Court record the fraud on the Court of attorney John D’Amato Jr. with Defendant Benavidez Jr. and the Judge rigging the case without hearings or trial to dismiss the entire Complaint to protect all vast persons involved in RICO with Defendant Benavidez Jr. namely many NM State NMLB and law enforcement employees and the invading Sinaloa Cartel. Judge simply disregards all law and denies due process and equal protection against the Plaintiff to indemnify and hold harmless Defendant Benavidez Jr. to do unrestrained larceny of $79,200,000.00 in value of known Derringer horses and other torts, rendering the entire judicial process mute. Representing attorney D’Amato Jr. for Defendant Benavidez Jr. falsified records, filed fraud on the court, and thus mitigated all response to precipitate Defendant Benavidez Jr. Default. Every act of the Judge was fundamental error and in jurisdictional defect. All illegal Orders of the Judge has been disqualified by law, most particularly the Orders denying Plaintiff’s use of the Courts. Plaintiff Derringer filed an appeal with the obvious fundamental error and extreme jurisdictional defect, and despite even the mandate to act sua sponte on these issues, the NM Court of Appeals was determined to protect Defendant Benavidez Jr. and the Sinaloa Cartel. This is due to extreme protection bribes to most NM Judges by the Sinaloa Cartel as well as many Judges using the cocaine, methylamphetamines, fentanyl, human trafficked minor illegal alien unaccompanied children for judicial sex slaves of elite pedophiles in New Mexico. This is part of the motives to protect the head of the RICO horse rustling operation on the Santolina Defendant Benjamin Benavidez Jr. It is bribed Judicial corruption in the NM Courts defeating all valid suit causes of action by Plaintiff Derringer against all conspirators of the RICO operations that precipitate the dismissal of all suits and blocking and dismissing all appeals and then Orders against Derringer never to use the Courts. The actions of court record prove without doubt the extreme judicial corruption resolute to protect the RICO horse rustling operation against Plaintiff Derringer. This includes the vast knowledge of all NM Judiciary that the RICO horse rustling has now stolen and killed many of over 792 + known Derringer horses of value $79,200,000.00 as “no little matter”. The Judges are liable as this entails criminal violation of all NM larceny and Federal Crime of "interference with interstate commerce" of complicit Judges knowingly allowing this by protecting the Defendant. The Judge refuses any replevin or redress for the victim/Plaintiff Derringer to be the party that has been denied of any of his property. Without jurisdiction, the Judge has acted in the judge's personal capacity and not in the judge's judicial capacity, but in treason and facilitation of RICO racketeering and protection of an invading enemy of the United States for obvious personal gain. Plaintiff Derringer is a Pro-Se non-represented litigant, and the court will not follow any law as to use judicial terrorism on a non-represented litigant. The Judge definitely has expressed an "appearance of partiality" and, under the law, she has disqualified herself, meaning that a judge "must be disqualified" under certain circumstances. Upon appeal, the corruption of the NM Ct. App. is adamant to again ignore the fundamental errors of all denial of due process, equal protection and forced submission to simply dismiss the Appeal without valid authorities and in protection of the Defendant. The NM Ct. App. also simply ignored the Plaintiff-Appellant’s Motion mandating a new Judge designation under Title 28 Section 455. During this process now, in judicial terrorism explicitly designed to stop Plaintiff Derringer and protect the Sinaloa Cartel RICO operations, now five separate Judges have Ordered David Derringer not to file any further lawsuits, totally against the US Constitution, the NM Constitution, 42 USC 1981, 1983, 1985, 1986. Judge Marie Ward, never having any jurisdiction in persona of Derringer, simply sua sponte entered the fray to terrorize and intimidate Derringer. In criminal acts of treason and obstruction of justice Judges Medina, Ives, Ortega, Duffy, Yohalem, Torres, Ward, O’Connell, Henderson, Brickhouse, Shepherd have made Orders and agreed to the denying all current litigation of Derringer, and banning any “future” use of the United States Court system against Derringer in felonies under 18 USC 241, 242, 1503, 2381, 2382, 2383 and RICO 18 USC 1965-1970. This deliberately leaves no law available in the United States to singled-out and targeted discrimination against Derringer with no possible redress or protection by use of Constitution Article III; not to file any additional lawsuits and as “Further, Plaintiff David Derringer may not file any further motions, papers, documents or pleadings in this case absent express permission by this Court.” Judge Ward without jurisdiction prevents any filing in this matter in the District Court not having any jurisdiction or judicial capacity stating IN THE MATTER OF PROHIBITING DAVID DERRINGER FROM FILING ANY FURTHER LAWSUITS/PLEADINGS WITHOUT OBTAINING PERMISSION FROM THE COURT. This is to produce the bribed protection of the Defendant Benavidez Jr. and Sinaloa Cartel, that is to also protect the Judicial bribes, cocaine for Judges and minor illegal alien children use by some NM pedophile Judges is the motive to destroy and block justice against Plaintiff Derringer. With full control in NM of the 3 branches of government and law enforcement the regime coup now stops Plaintiff Derringer by destroying any ability to use the United States Courts as any way for escape of the imprisonment of the NM public and judicial corruption. Easily seen, this treason is intended to absolutely stop any use of the United States Courts by David Derringer for redress and resolution, as it states in each illegal Order that Derringer cannot have any “future” use of the Courts. This not only ensures the rigging in defeat of the this instant Case, but defeat in advance any now prohibited Derringer law suits against the Defendant or Cartel, leaving them uninhibited ability to do all domestic terrorism and larceny against Plaintiff Derringer. This not only blocks all due process and equal protection of the other ongoing Derringer legal cases, but prevents Derringer from suing any further Sinaloa Cartel or corrupt public figure, corrupt Judge or any other person attacking Derringer, leaving Derringer singled-out in forced involuntary servitude to be destroyed by the corruption of New Mexico, particularly by the Defendant Benavidez Jr.. Traitor Judges are simply baiting Derringer, whereas clearly means even if Derringer files a request for “permission” (God given Constitutional rights of the 1st, 4th, 5th, and 14th Amendments require no “permission” from a Communist tyrant individual treasonous Judge in a robe), Derringer will be arrested for contempt, put in jail for the planned orchestrated murder of Derringer by some Sinaloa Cartel thug in the jail as some “plea deal”. Each illegal Order denying all Constitutional rights includes a warning that if Derringer files any paper (including stated mandate for “permission” to use God given Constitutional rights), Derringer will be jailed and (as street rumored) assassinated in jail or “suicided”.

BASIS FOR GRANTING THE WRIT:

The underlying case is specifically rigged to defeat justice and in subversion to the US Constitution Article III, Supremacy Clause of Article VI, and the NM Constitution Article II, Section 4, 5, 12, 10, 16, 18 Access to courts is a RIGHT enjoyed by all persons under Article II Section 18 of the New Mexico Constitution, REGARDLESS OF LEGAL REPRESENTATION. In this matter Plaintiff Derringer Pro-Se, is singled-out and targeted in discrimination to be forced to stand before a recused biased, prejudiced Judge in collusion with the RICO crimes of the Defendant Benavidez Jr. that won’t stop stealing known Derringer horses with the collusion of the NMLB. The actions of the Judge demonstrate bias, prejudice and rigging the case to hold harmless Defendant Benavidez Jr. and simply dismiss the entire valid case. Defendant Benavidez Jr. has Defaulted either by no Answer whatsoever, fraud on the court by attorney D’Amato Jr, [5] and without hearings, without trial and ignoring the actual evidence provided as photographs in pleadings proving without doubt the liability of Defendant Benavidez Jr. All Constitutional law is defied, including all rules, case laws, NM statutes and an illegal judge without jurisdiction doing treason. Additionally, Plaintiff is ordered not to file any pleadings, documents, papers, and ordered against Pro-Se representation, because the Plaintiff exposes public and judicial corruption properly under NMRA 1-090 “truth” and under rights of the 1st Amendment. Ordering the Plaintiff to stand before a proven biased, prejudiced and complicit accessory of the horse larceny Judge violates all due process and equal protection. To cover up the public and judicial corruption exposed involves discrimination, while Ordering not to further use of the United States Courts, demanding Plaintiff to only be able to be represented by an attorney violates 18 USC, 241, 242, 1503, and is treason, conspiracy, and perjury of oath under criminal acts 18 USC 2381, 2382, 2383 and involves protections of known RICO racketeering 18 USC 1966-1970. All matters of the trial court were fundamental error of both denial and deprivation of Constitutional rights, and in violation of all court rules.  All matters of the trial court were absolutely in jurisdictional defect as all law violated with a presiding traitor Communist Judge. The NM Court of Appeals deliberately ignored the vast fundamental error and all jurisdiction defect to cover up and protect felon Defendant Benavidez Jr and also protect the known state agencies and employees and the Sinaloa Cartel. NM Court of Appeals deliberately denied the appeal, falsified and tampered with the court record to defeat justice. The NM Court of Appeals simply stopped any redress or replevin to be complicity to protect Defendant Benavidez Jr. to perfect the rigging of the case and hold harmless the Defaulted Defendant and ignore falsification of court records, tampering with evidence, Ordered violations of Constitutional rights against the Plaintiff and denial of any opportunity to be heard in treason.  

THE ISSUE OF RADICAL JUDICIAL CORRUPTION TO PROTECT FELONS OF STATE EMPLOYEE AND TO PROTECT AND HOLD HARMLESS ACTUAL SINALOA CARTEL AND DOMESTIC TERRORISTS IN MASSIVE KNOWN RICO RACKTERRINGER ACTS IN NEW MEXICO IS EXTREME SUBSTANTIAL PUBLIC INTEREST THAT SHOULD BE DETERMINED BY THE SUPREME COURT

Sustained in court record every act of the Defendant Benavidez Jr. is involved in RICO racketeering operations on the Santolina property in NM involving drug, human, minor children, automatic weapons trafficking and vast RICO horse rustling involving the NMLB and many state agencies and employee larceny of known Plaintiff Derringers horses, also as a means of domestic terrorism and hate crimes and persecution against Derringer for the whistleblowing of the exposure of the above mentioned RICO involvement of the NM State officials and judges of NM. It is empirical that public interests now knows the in New Mexico when a legal lawsuit is filed, and the Defendant is are ex-parte advised they don’t have to Answer the Complaint, that NM Judges can illegally deny and ignore the blatant Default to protect state employees, felons, domestic terrorists, foreign terrorists and preferred, political parties or whomever the judge choose, despite all law and rules contrary to the “conspiracy” and thus embolden case law that can be thus followed in the future for protection by the Judiciary of any select party. When the Plaintiff files for a legal Default judgment or summary due to fraud on the court, destruction and tampering with court records by the Defendant and subversive attorney D’Amato Jr, the Judge can simply commit treason to the United States and against the Constitution and be supported without consequences or accountability by higher judges to perfect any deemed viable agenda in abeyance of all laws.

ARGUMEMT:

All pleading filed by the Plaintiff describe in detail in both the District Court, and in the final NM Ct. App. The judicial corruption, wherein undeniably, the case is absolutely defective by fundamental error, jurisdictional defects, an extreme violations of all due process and equal protection, exposing vast RICO acts and felonies performed by not only the Defendant Benavidez Jr, but hate crimes by the attorneys, and Judges of both the District Court and NM Ct. App. directed at Plaintiff Derringer singled-out in retaliation, retribution, revenge of whistleblowing and persecution motivated from the Judges themselves also destroying and tampering with court records as felonies both state and federal. Plaintiff saturates the court record with volumes of Constitution, case law, statutes to no avail as ignored by all courts determined to rig the case and allow by protection the continuation on almost a daily basis the grand larceny of Derringer horses with particularly Defendant Benavidez Jr. acting in collusion and conspiracy directly with the NMLB and other state authoritoes to steal without basis in law in total violations of the 4th, 5th and 14th Amendments and violation of personal property act under 42 USC 1982, and then illegal commit hundreds of felonies “per horse” including illegally selling Derringer horses NMSA 30-16-11 and pocketing $Millions of dollars, wherein now stolen 792 known Derringer horses value $79,200,000.00 protected by the NM Judiciary where Defendant Benjamin Benavidez Jr. is directly involved in the larceny of all 792 horses.

A PRAYER FOR RELIEF:

Order Default Judgment against the Defendant Benjamin Benavidez Jr. as to all counts in all requested amounts, using the Complaint unanswered as the facts of the matter and all Plaintiff Derringer pleadings as the authorities cited as legal sustaining law of the case, to include sustained requested amounts of sanctions against the Defendant separately, including sanctions against each Judge requested separately due to treason, perjury of oath, conspiracy against rights and deprivation of rights under color of law, and Ordering the following amounts appurtenant to each of the now stolen 792 missing known Derringer horses.  Each gross $dollar amount is to be given to Plaintiff Derringer for the illegal sale NMSA 30-16-11 of each horse sold, given, auctioned with a verifiable receipt of each of the known horses illegally sold in felonies under NMSA 30-16-11, with full documentation as to every person or entity that ever-had illegal adverse possession of each horse of Derringer personal property stolen property in Defendant’s grand larceny. Defendant separately to be Ordered held liable in punishment in the amount of $25,000.00 per horse for the act of larceny and related terrorism of Derringer precious animals in forced transportation,  and related trauma. Defendant will be held 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 now 792 horses not returned will be considered that the Defendant is separately to be Ordered liable for the facilitated murder of each of the horses sold deliberately to horse killers, sold out of the country, murdered by Defendant or others, whether butchering sales to killers for meat, sadistic retaliation or other evil, and Defendant will be separately 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 any Derringer animal. Defendant will be responsible for an additional amount of $10,000.00 for each of the 792 returned or not returned horses that Defendant deprived Derringer the loss of time to have Derringer’s possession of Derringer’s personal property guaranteed by 42 USC 1982, by the willful Defendant’s illegal captivity and conspiracy, or the murder of the animal, all which deprived Derringer’s ability of training, use, companionship, enjoyment; and all the separate and distinct vast amounts in Complaint for loss of income, extreme emotional distress and mental anguish, and a permanent restraining Order to stop the ongoing larceny with stipulations for Defendant Benjamin Benavidez Jr. never to touch, harass, or be no closer than 200 yards from any Derringer animal. If no Derringer stolen horse is returned as prescribed above the Defendant will separately and distinctly owe Plaintiff Derringer the amount per horse of $235,000.00; defined as stealing the horse $25,000.00, depriving use and enjoyment $10,000.00, value of each horse $100,000.00, and punishment for murdering the horse not returned of $100,000.00; whereas the actual value of all stolen Derringer horses is determined to be $79,200,000.00 plus punishment, sanctions, and torts claimed in the Complaint.  

DECISIONS: Each decision of the NM Court of Appeals was done without any assignment to any calendar and without any cited authorities or cited Constitution or applicable laws. Each Order denying Appeal was objected to by a proper Motion for Rehearing/reconsideration and each Order denial of the Rehearing was not supported by any authorities of rule of law. “the constitutional maxim that “[a] fair trial in a fair tribunal is a basic requirement of due process.” “This Court previously has recognized–even with respect to another statute the legislative history of which indicated that courts were to have “wide discretion exercising their equitable powers,” 118 Cong. Rec. 7168 (1972), quoted in Albemarle Paper Co. v. Moody, 422 U.S. 405, 421 (1975)–that “discretionary choices are not left to a court’s ‘inclination, but to its judgment; and its judgement is to be guided by sound legal principles.’ ” Id., at 416, quoting United States v. Burr, 25 F. Cas. 30, 35 (No. 14,692d) (CC Va. 1807) (Marshall, C.J.). Thus, a decision calling for the exercise of judicial discretion “hardly means that it is unfettered by meaningful standards or shielded from thorough appellate review.” Albemarle Paper Co., 422 U.S., at 416.”” United States v. Taylor, 487 U.S.326, 108 S. Ct. 2413, 101 L. Ed. 2d 297,56 U.S.L.W. 4744. (Emphasis added) 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, and the Constitution of the State of New Mexico, 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); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821) Any judge or attorney who does not report the above judges for treason as required by law may themselves be guilty of misprision of treason, 18 U.S.C. Section 2382. Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in "fraud upon the court". In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "Fraud upon the court is fraud which is directed to the judicial machinery itself It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function --- thus where the impartial functions of the court have been directly corrupted." Fraud upon the court" makes void the orders and judgments of that court. It is also clear and well-settled Illinois law that any attempt to commit "fraud upon the court" vitiates the entire proceeding. The People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934). ("The maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions."); Allen F. Moore v. Stanley F. Sievers, 336 Ill. 316; 168 N.E. 259 (1929) ("The maxim that fraud vitiates every transaction into which it enters ..."); In re Village of Willowbrook, 37 Ill.App.2d 393 (1962) ("It is axiomatic that fraud vitiates everything."); Dunham v. Dunham, 57 Ill.App. 475 (1894), affirmed 162 Ill. 589 (1896); Skelly Oil Co. v. Universal Oil Products Co., 338 Ill.App. 79, 86 N.E.2d 875, 883-4 (1949); Thomas Stasel v. The Federal law, when any officer of the court has committed "fraud upon the court", the orders and judgment of that court are void, of no legal force or effect. AMY In 1994, the U.S. Supreme Court held that "Disqualification is required if an objective observer would entertain reasonable questions about the judge's impartiality. If a judge's attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified.". Liteky v. U.S., 114 S.Ct. 1147, 1162 (1994). That Court also stated that Section 455(a) "requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), the Court stated that "It is important that the litigant not only actually receive justice, but that he believes that he has received justice." "Recusal under Section 455 is self-executing; a party need not file affidavits in support of recusal and the judge is obligated to recuse herself sua sponte under the stated circumstances." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989). None of the orders issued by any judge who has been disqualified by law would appear to be valid. It would appear that they are void as a matter of law, and are of no legal force or effect. Should a judge not disqualify himself, then the judge is violation of the Due Process Clause of the U.S. Constitution. United States v. Sciuto, 521 F.2d 842, 845 (7th Cir. 1996) ("The right to a tribunal free from bias or prejudice is based, not on section 144, but on the Due Process Clause."). Should a judge issue any order after he has been disqualified by law, and if the party has been denied of any of his / her property, then the judge may have been engaged in the Federal Crime of "interference with interstate commerce". The judge has acted in the judge's personal capacity and not in the judge's judicial capacity. It has been said that this judge, acting in this manner, has no more lawful authority than someone's next-door neighbor (provided that he is not a judge). However, some judges may not follow the law. If you were a non-represented litigant, and should the court not follow the law as to non-represented litigants, then the judge has expressed an "appearance of partiality" and, under the law, it would seem that he/she has disqualified him/herself. However, since not all judges keep up to date in the law, and since not all judges follow the law, it is possible that a judge may not know the ruling of the U.S. Supreme Court and the other courts on this subject. Notice that it states "disqualification is required" and that a judge "must be disqualified" under certain circumstances. JUDGE YOU HAVE BEEN AUTOMATICALLY DISQUALIFIED BY LAW. The Supreme Court has also held that if a judge wars against the Constitution, or if he acts without jurisdiction, he has engaged in treason to the Constitution. If a judge acts after he has been automatically disqualified by law, then he is acting without jurisdiction, and that suggest that he is then engaging in criminal acts of treason, and may be engaged in extortion and the interference with interstate commerce. Courts have repeatedly ruled that judges have no immunity for their criminal acts. Since both treason and the interference with interstate commerce are criminal acts, no judge has immunity to engage in such acts. All judges in this case both District Court and NM Court of Appeals are treasonous, have perjured their Oath and have broken every Constitutional law, case law, statutory law as perpetual lawbreakers against the Article III. 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).

Respectfully submitted by __________________________________________________

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

Certificate of Service 6-19-2024

I certify that I sent by mail a copy of this Petition to the New Mexico Supreme Court at:

237 Don Gaspar Ave., P.O. Box 848Santa Fe, NM 87504

[1] Martinez v. Winner, 771 F.2d 424 opinion modified on denial of rehearing 778 F.2d 553, cert granted, vacated; Tyus v. Martinez, 106 Supreme Court 1787, 475 US 1138, 90 L.Ed.2d 333 on remand 800 F.2d 230 “A judge is not only entitled, but also has a duty to take all lawful measures reasonably necessary to prevent the occurrence of a crime in his courtroom.”

[2] “prohibiting David Derringer from filing any further lawsuits/pleadings” [See 42 USC 1981, 1982, 18 USC 241, 242, 1503, 2381, 2382, 2383, Supremacy Clause Article VI, lack of jurisdiction Stump v. Sparkman, 435 U.S. 349 (1978) “A judge will be subject to liability when he has acted in the clear absence of all jurisdiction.” (D-202-MS-00010)

[3] Hazel-Atlas Glass Co. v Hartford-Empire Co., 322 U.S. 238 (1944) No. 398

[4] Both the Santolina and Pajarito are all private lands, both without even any legal designated roads, both of which are not legal herd districts, not a town, public access, not an Indian or government facility, whereas thus the New Mexico Livestock Board has no legal jurisdiction to access and certainly has no legal ability to capture horses on either property in grand larceny simply by intimidation and usurpation of power due to possession of a badge and gun. As NM Law NMSA 77-16-1 mandates a proper fence of the Pajarito fence line, that does not exist, both the Santolina and Pajarito are “open range” under NM Ct. App. No. 12-8853 FENCE THEM OUT.

[5] In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985)

6-5-2024

David Derringer

Box 7431 Albuquerque, New Mexico 87194 

505 2277229    E-mail d2bowman4570@yahoo.com

RE; Treason, RICO Racketeering Horse Rustling with the Invading Mexican National Sinaloa Cartel with Drug And Human Trafficking, Obstruction of Justice, Intimidation of a Witness/Plaintiff, Hate crimes, conspiracy against rights, deprivation of rights under color of law

DEMAND: arrest, investigation, prosecution

DEMAND: replevin/return of all now-stolen (ongoing) 787 + Derringer horses-value $78,800,000.00, restitution, compensation, reparations

Reference: NMSA 29-1-1, 29-1-2,30-16-1, 30-16-11, 30-18-1(E), 30-39-1, 77-16-1, 77-9-22(f), 77-9-33, 77-14-3(A), 18 USC 241, 242, 1503, 2381, 2382, 2383, RICO 1961-1968

Attached notarized affidavit David Derringer

https://d2bowman4570.wixsite.com/notices/blog