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JUDGE ERIN B. O'CONNELL PROTECTION OF SINALOA CARTEL AND STATE CRIMINAL EMPLOYEES IN TREASON

STATE OF NEW MEXICO

BERNALILLO COUNTY

SECOND JUDICIAL DISTRICT COURT

CV-2023-05227

David Derringer,

Plaintiff,

V.

Defendants,


AND DEFENDANTS’ FRAUD ON THE COURT REQUEST FOR HEARING AND REQUEST FOR SANCTIONS UNDER NMRA RULE 1.011; AND

SANCTIONS WITHOUT BOUNDARIES AGAINST ALL DEFENDANTS

AND JUDGE ERIN B. O’CONNELL

COMES NOW the Plaintiff, David Derringer, (hereinafter “Plaintiff”) representing himself Pro-Se with his Motions as defined above with notice to the Court that this pleading was sent by email to The United States Pentagon Department of the Army treason division at whs.pentagon.esd.mbx.secrev@mail.mil. And whs.pentagon.esd.mbx.dopsr@mail.smil.mil. And officeofsecurity@osdj.ic.gov. and to GITMO Guantanamo Bay Treason Tribunal adam.r.cole.mil@mail.mil ; and posted to the world-wide website: https://d2bowman4570.wixsite.com/notices/blog. I have requested the Pentagon for arrest, prosecution, and execution by hanging under 18 U.S.C. § 2381 that says, [“Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or imprisoned and fined, and incapable of holding any U.S. office.”]: for all persons in treason assisting the invading Mexican National Sinaloa Cartel in the State of New Mexico regarding this instant matter, which includes Judges, attorneys, NMLB, other law officials, Benavidez and all Sinaloa Cartel. Now, knowing Sinaloa Cartel protections afforded by Judge O’Connell, Benavidez daily continues to lock up and steal with the NMLB Derringer horses; now missing another 22 horses bringing the total of stolen horses to 285+.

PLAINTIFF’S MOTION TO RECUSE COMMUNIST DEMOCRAT TRAITOR JUDGE ERIN B. O’CONNELL FOR CAUSE

Judge O’Connell has clearly proven herself by actions and non-actions to be a traitor to the United States by actively supporting, facilitating and protecting the invading Mexican National Sinaloa Carte by misusing her position of Judicial authority to block and rig this case in obstruction of justice defying the US and NM Constitutions, all Statutory law of both federal and state, and denying all NM Rules of Civil Procedure including allowing All Defendants to perform FRAUD ON THE COURT, criminal acts of falsification of court records and criminal acts in and out of this court to do domestic terrorism against the plaintiff. The extreme bias and prejudice performed in extreme collusion and co-conspiracy with all Defendants, incorporated with ignoring all Plaintiff’s pleadings mandate recusal for cause. Gladden v. Dist of Columbia Board of Zoning Adjustment, 659 A.2d 249 D.C. App. 1995; Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009); Hope v. Charlotte-Mecklenburg Bd. of Educ., 110 N.C. App. 599 (1993).

OPPOSITION TO ALL THE ILLEGAL DEFENDANTS’ NOTICE OF COMPLETION OF BRIEFING AND DEFENDANTS’ FRAUD ON THE

COURT REQUEST FOR HEARING AND REQUEST FOR

SANCTIONS UNDER NMRA RULE 1.011

Plaintiff’s opposition to ALL Defendant’s illegal and fraudulent defendants Special Appearance and Motion to Quash and now the illegal Notice of Completion of Briefing and illegal Requests for Hearing by all Defendants. Defendants not only fraudulently falsify the court record and other criminal acts, but attempt to deny the Plaintiff all due process and equal protection by obstruction of justice of EQUAL OPPORTUNTIY TO BE HEARD, wherein Plaintiff Derringer has all rights under the 1st, 5th and 14th Amendments to file an equal number of opportunity to be heard, when Derringer filed the: PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANT’S ILLEGAL AND FRAUDULENT DEFENDANTS SPECIAL APPEARANCE AND MOTION TO QUASH WITH WHISTLEBOWING DISCLOSURE TO THE PROVEN ACTIVE INVADING MEXICAN NATIONAL SINALOA CARTEL BRIBERY OF NM JUDGES MURPHY, O’CONNELL, ORTEGA, LOPEZ, MERCER, NM COURT OF APPEALS, NEW MEXICO SUPREME COURT TO PERPETUATE THE EXTREME TREASON, SUBVERSION AND SHREADING OF THE US AND NEW MEXICO CONSTITUTIONS AND IGNORING ALL STATUTORY AND CASE LAWS TO RIG CASES AGAINST DAVID DERRINGER, WHEREIN SUCCESS HAS BEEN ACHIEVED BY THE COMMUNIST DEMOCRATS TO STEAL NOW OVER 263 DERRINGER HORSES WITH THE ILLEGAL PROTECTION OF STATE EMPLOYEE CRIMINALS ALL WORKING IN CONCERT WITH THE SINALOA CARTEL CONTROLLING NEW MEXICO; REQUEST FOR SANCTIONS UNDER NMRA RULE 1-011; REQUEST FOR SANCTIONS WITHOUT BOUNDARIES FOR DEFEATING THE US CONSTITUTION ARTICLE III; DEMAND FOR RETURN OF 13(ACTUALLY 17 SINCE 4 MARES ARE PREGNANT) DERRINGER HORSES STOLEN BY JUSTIN GRAY PERSONALLY WITH ORDER TO PAY $100,000.00 PER HORSE NOT RETURNED; AND RECUSAL OF IMMORAL, UNETHICAL AND TRAITOR JUDGE O’CONNELL A BIASED AND PREJUDICED POLITICAL DEMOCRAT JUDGE THAT KNOWINGLY IS ALLOWING DOMESTIC TERRORISM BY RICO RACKETEERING AND DEFIANCE OF ALL RULE OF LAW AGAINST THE PLAINTIFF. REFUSING TO STEP DOWN TO RIG THIS CASE BY ILLEGALLY PRESIDING DEFYING ALL LAW, THUS WITHOUT JURISDICITON OR JUDICIAL CAPACITY IN SUBVERSION OF THE CONSTITUTION>

Under the 1st, 4th, and 14th Amendments, Plaintiff Derringer has a right to the same number of opportunities to be heard as the Defendants, ie. Defendants are claiming “completion of briefing leaving out the mandated court duties to read the Derringer responses that the Defendants do FRAUD ON THE COURT to accelerate the Judge to ignore. In short Defendants had 2 opportunities to be heard, trying to deny Derringer to only 1 opportunity to be heard; when Derringer is entitled to also 2 opportunities to be hears. Simultaneously, the makes all Defendants pleadings moot as FRAUD ON THE COURT VITIATING ALL DUE TO FRAUD. 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 American Home Security Corporation, 362 Ill. 350; 199 N.E. 798 (1935). Accordingly, all pleadings and requests for hearings by the Defendants must be legally DENIED, wherein all Defendants have Defaulted to the Complaint and Judgment is due because of the corruption, treason and FRAUD ON THE COURT. WHEREIN Plaintiff Derringer requests Sanctions pursuant to NMRA Rule 1-011 each separately, against all Defendants, and each of attorneys Mackey and D’Amato Jr., payable to Plaintiff Derringer in the amount of $250.00. Invest Fin. Group. Inc. v. Chem-Nuclear Sys., Inc., 815 P.2d 391, 404 (6th Cir.), cert. denied, 484 U.S. 927, 108 S. Ct. 291, 98 L.Ed.2d 251 (1987); New York State National Org. for Women v. Terry, 732 F Supp. 388 “SDNY 1990.

MOTION TO TAKE JUDICIAL NOTICE WITH REQUEST FOR

SANCTIONS WITHOUT BOUNDARIES AGAINST ALL DEFENDANTS

AND JUDGE ERIN B. O’CONNELL

REQUEST FOR SANCTIONS WITHOUT BOUNDARIES AGAINST EACH OF ALL DEFENDANTS, JUDGE O’CONNELL, ATTORNEYS MACKEY AND D’AMATO SEPARATELY TO BE PAID TO PLAINTIFF DERRINGER.

It is the most egregious violation of law when an officer of the court attorney and officers of the law work in concert with Judge O’Connell in treason against the United States to misuse the Courts of Article III of the US Constitution to block justice as herein to protect the invading Mexican National Sinaloa Cartel doing extreme and constant criminal acts knowingly against a citizen by using badges, judicial robes and Democrat political Communist agendas in a coup to destroy the United States in insurrection, treason and subversion WEAPONIZING GHE UNITED STATES COURTS. "so that the judicial machinery cannot perform in the usual manner its impartial task of adjudicating cases, and is a fraud designed not simply to cheat an opposing litigant, but to corrupt the judicial process" and explicitly to "subvert the integrity of the court." Moore's Federal Practice 3d ¶ 60.21[4][a] (3d ed. 2003).; Oxxford Clothes XX, Inc. v. Expeditors Int'l, Inc., 127 F.3d 574, 578 (7th Cir. 1997). They tamper and distort court records to deceive not only this instant court, but meant to defeat the United States entire system of Judiciary under the US Constitution Article III coupled with domestic terrorism, obstruction of justice and intimidation to steal prize Derringer horses to terrify and abuse and use for extortion. [1] "Fraud upon the court" as distinguished from fraud on an adverse party is limited to fraud which seriously affects the integrity of the normal process of adjudication. Gleason v. Jandrucko, 860 F.2d 556, 559 (2d Cir. 1988) (citations omitted); Transaero, Inc. v. La Fuerza Area Boliviana, 24 F.3d 457, 460 (2d Cir., 1994). The concept of "fraud on the court" embraces "only that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases." Kupferman v. Consol. Research & Mfg. Corp., 459 F.2d 1072, 1078 (3d Cir. 1972) (citations omitted). Hadges v. Yonkers Racing Corp., 48 F.3d 1320, 1325 (2d Cir. 1995) (emphasis added). Plaintiff Derringer asks permission to punish: sanctions without boundaries based upon mis-use of the integrity of the courts and horrendous mis-use of power entrusted in Judge O’Connell, attorneys and law officers and citizens as law officers misusing their badge to commit larceny and other crimes unimpeded thus by any other officer of law, by betrayal of the trust reposed in them in a public position and lying under Oath. Based on Harrison v. Bd. of Regents of the Univ. of New Mexico, 2013-NMCA-105, ¶ 2, 311 P.3d 1236, Plaintiff Derringer seeks “justice” for this court to sanction all Defendants, Judge O’Connell, and attorneys Daniel Mackey and John D’Antonio Jr., each separately for an amount of $100,000.00 payable to victim David Derringer wherein this case is involving extreme fraud, criminal acts and attack on America both in treason and subversion to defeat the US Constitution Article III. In Harrison, the New Mexico Court of Appeals held that the trial court judge did have the authority to impose monetary sanctions against the University of New Mexico. The underlying basis for imposing these sanctions was “improper witness interference and tampering”. The main rationale for doing so was “ . . the need to prevent abusive litigation practice and preserve the integrity of the judicial process.” In this matter the conduct of Bar attorneys in fraud on the court, Judge O’Connell lying under Oath and acting in treason for protecting the Sinaloa Cartel, and Officers under Oath committing fraud and criminal acts to terrorize a litigant and treason in assisting the Sinaloa Cartel is conduct well deserving of punishment by the court. The acts of all Defendants were performed as crimes only enabled by clothing in color of state law and under the official duties of attorneys as alleged officers of the court. 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.” ; 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.” "Under no circumstance may a lawyer either advocate or passively tolerate a client's giving false testimony. This, of course, is consistent with the governance of trial conduct in what we have long called 'a search for truth.” Williams v. Florida, 399 U.S. 78 (1970). This involves persecuting the whistlebowing disclosure to the proven active invading Mexican national Sinaloa Cartel bribery of NM Judges Murphy, O’Connell, Ortega, Lopez, Mercer, Nm Court Of Appeals, New Mexico Supreme Court to perpetuate the extreme treason, subversion and shredding of the US and New Mexico constitutions and ignoring all statutory and case laws to rig cases against David Derringer, wherein success has been achieved by the Communist Democrats to steal now over 285+ Derringer horses with the illegal protection of state employee criminals all working in concert with the Sinaloa cartel controlling New Mexico; request for sanctions without boundaries for defeating the US CONSTITUTION ARTICLE III; demand for return of 13(actually 17 since 4 mares are pregnant) Derringer horses stolen by Justin Gray personally with order to pay $100,000.00 per horse not returned; and recusal of immoral, unethical and traitor Judge O’Connell, a biased and prejudiced political democrat judge that knowingly is allowing domestic terrorism by RICO racketeering and defiance of all rule of law against the plaintiff. refusing to step down to rig this case by illegally presiding defying all law, thus without jurisdiction or judicial capacity in subversion of the constitution.

All the illegal Motions of all Defendants cannot be affirmed or accepted by this court in any legal way dur to FRAUD ON THE COURT, deliberate corruption, falsification and fraud of changing the court record to deceive the court with direct provable motives of embezzlement of NM public tax money to illegally represent two select private citizens in order to protect them and criminal state employees of multiple criminal acts including treason against the United States of America protecting the working as bribed members of the invading Mexican National Sinaloa Cartel; all known, endorsed, allowed by collusion with Judge O’Connell.

This suit is well known and supplied to the New Mexico Attorney General Raul Torrez, the one and same former Bernalillo County District Attorney, Raul Torrez, that made public statements published in the Albuquerque Journal, taking pride that he had been bribed by a $100,000.00 check from world known George Soros to mis-use his power position to attack and persecute all American conservatives, all Republicans and any others that opposed the Democrat coup to overthrow the US Constitution and render America Communist. Now, with greater power as the New Mexico Attorney General, he continues to protect the Sinaloa Carte invading the US and refuses to prosecute criminals in New Mexico to promote the political regime; including disregarding the Plaintiff’s law suit, criminal complaints and disregarding 263+ horses stolen in larceny by the NMLB in proven cahoots with the Sinaloa Cartel. Plaintiff Derringer has made the AG well aware of the horse rustling Sinaloa Cartel that has assistance and protection by the NMLB stealing horses, whereas AG attorney Joanna Walker “refuses” to even read Derringer’s instant law suit, refuses the law NMSA 77-14-3 that Justin Gray defied use in knowingly filing false criminal charges for trespassing livestock, mandating criminal action and prison for Justin Gray under NMSA 30-39-1 and prosecution under penal code 118.1. without any possible duties or jurisdiction by NMLB. Hence, as “personal larceny of 13(17) horses, Justin Gray attempted more fraud as a cover up to claim “trespass” and then conducted extortion/ransom posting a ransom note on Derringer’s residence door while lying to public record that the horses were “strays”. Government NMLB Officer Justin Gray has acted in coalition with private party Benjamin Benavidez Jr. in fraud and known falsification of Complaints and falsification of public records to perfect the larceny of 13+ Derringer horses with known false claims Derringer owned personal property horses were in criminal trespass on Santolina lands, alleged controlled by the claims of grazing permittee Benjamin Benavidez Jr. in a contract with Garrett Development Corporation. The Southern border of the Santolina is divided from the open range private lands of the Pajarito by an East/West fence line known as the Pajarito fence, of about 4+ miles heading East from the SW corner of the Santolina that was historically constructed 110 years ago, never since being properly maintained and in total Statutory violation of the mandates of NMSA 77-16-1 and mandated construction by law NMSA 77-16-4. The alleged contract between Benavidez Jr. and Garrett Corporation mandates the Pajarito fence be compliant with both the mandates of NMSA 77-16-1 and mandated construction by law NMSA 77-16-4; hence making the contract invalid with the discharge of contract obligations by Benavidez Jr. The violations of this Pajarito fence are well known to both Benavidez Jr. and to the entire NMLB with particularity of knowledge by Officer Justin Gray. Accordingly, fraudulent attempted use of both Officer Justin Gray and Benjamin Benavidez Jr. to attack the Derringer horses that legally graze-wander into the Santolina through fence gaps and low or few strands of wire, preclude any known false claims of “trespass” under NMSA 77-14-1, giving no rights to touch, herd, capture, detain, or lock-up Derringer or horses of any other, without criminal acts of larceny under NMSA 30-16-1 with then Officer Justin Grays statutory mandated duties to arrest and prosecute Benavidez Jr. under NMSA 77-9-22(F). NMSA 77-14-3 is very specific that without compliance with NMSA 77-14-3 there cannot be any claim to “trespass”. 77-14-3. Trespass on lands. A. It is unlawful for a person or his agents or employees having charge of livestock to permit or allow the livestock to go upon the lands of others in this state for the purpose of grazing or watering upon any waters upon the lands without the permission of the owner or legal claimant or his agent. The provisions of this section shall not be construed to affect the obligation of a property owner to meet the requirements of Section 77-16-1 NMSA 1978 for fencing against such trespasses and shall apply not only to titled lands in this state but to any lands upon which a person may have a valid existing filing under the laws of the United States or any lands that may be leased by any person from the state. In this matter, in a known illegal attack against Derringer for ulterior motives of revenge, harassment, larceny and other, Benjamin Benavidez Jr. has colluded with NMLB Justin Gray in a criminal opportunistic plan to steal Derringer horses. Benavidez Jr. filed a known fraudulent police report (knowingly in criminal violation of NMSA 30-39-1) to Officer Gray who then knowingly falsely claimed trespass of Derringer horses on the Santolina, whereas then knowingly, (knowingly in criminal violation of NMSA 30-39-1) Officer Justin Gray falsified a criminal complaint to the court knowingly in violation of penal code 118.1 and then moved forward to collate with Benavidez Jr. and ranch employees and likely partner Officer Manuel Monte to illegally capture the Derringer horses in first the Santolina perimeter fence, and then illegally herd horses all knew were not the ownership of either Benafidez Jr. or the NMLB, to permanent pens in the center of the Santolina and then illegally Officer Justin Gray trailered the stolen Derringer horse to unknown concealment of stolen property in Officer Justin Gray’s illegal control of possession of stolen horses. Officer Justin Gray then knowingly falsifies a report if fraud claiming the owner of the horses is unknown terming them “estrays” in fraud and that they were in trespass in defiance of already established case law known to all of New Mexico Court of Appeals No. 12-8853 FENCE THEM OUT. The prima facie sustained evidence of the larceny, false premise, false reports is proven undeniably by the ransom/extortion demand note posted on the front door of the Derringer residence, illegal Notice of Impoundment, whereas that was posted to no other, meaning absolutely Officer Justin Gray knew and had no doubts that the 13+ horses were of ownership of David Derringer, making the note clearly criminal extortion and ransom demanding $ thousands in bogus illegal “fees” for the return of Derringer horses stolen in criminal larceny, thus “interfering” with federal laws supporting US Code Article 42 Section 1982 Derringer’s rights to have full control exclusively of his personal property of horses. 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.” Without doubt, Officer Justin Gray stole 13+ known Derringer horses, by false allegations in fraudulent report of “estrays” that were not legally trespassing as falsely reported and thus deliberately stolen in criminal larceny by Officer Justin Gray as a “criminal with a badge” without any warrant, without any valid operation under any existing statutory law, without prior notice to the horse owner, without any due process or equal protection in well-orchestrated direct and malicious violations of Derringer’s 4th, 5th, and 14th amendment rights as provided in both the United States and New Mexico Constitutions. The premise is that Officer Justin Gray fully has criminal provable INTENT on September 7, 2023 to murder, illegally sell, take the Derringer stolen horses to known felon horse rustler Dennis Chavez on 24 Dalies Rd. Los Lunas, New Mexico wherein Dennis Chavez takes stolen horses to Mexico to be slaughtered for meat. The value of each Derringer horse in a horse lifetime of 32 years, using them as “trade tools” as Derringer professional outfitter #32 in NM, is over $100,000.00 per horse, meaning the 17 horses (4 mares are pregnant) 13 walking horses, are worth $1.7 Million dollars + in their lifetime. The ongoing larceny of Derringer horses that the rustling ring since Benavidez stole the known first few in 2014 is over 252 stolen horses. Judicial notice is mandated appropriate of D-202-CV-2014-07755, whereas Benjamin Benavidez Jr. confessed in Answer of January 15, 2015 that he and his already felon father Benjamin Benavidez “the elder” stole 2 Derringer horses, used their truck and trailer to transport to felon horse rustler Dennis Chavez, wherein NMLB inspector Randal Riley forced Derringer to pay ransom/extortion of about $60.00 to retrieve Derringer’s horses, exactly as the plan ransom/extortion “notice” [2] posted on Derringer’s front door by Officer Justin Gray claiming extortion/ransom money for the larceny of Derringer’s known 13 horses identifying the horses as #1. Bay stallion; #2. Buckskin mare. #3. Buckskin filly. #4. Sorrel mare. #5. Sorrel colt. #6. Black filly. #7 Bay colt. #8. Sorrel colt. #9. Sorrel colt. #10. Sorrel mare. # 11. Sorrel colt. # 12. Bay mare. #13. Bay filly. Attorney Daniel Mackey comes deliberately continually in state public tax embezzlement in collusion and fraud not only with his clients, NMRA-16-401 [3] ,but in clear conspiracy and collusion with Judge O’Connell to rig the case allowing all Sinaloa Cartel protection for already now stealing over 285+ Derringer horses and other crimes with the direct involvement of the NMLB, Sinaloa Cartel Benjamin Benavidez Jr. and ranch, and personal larceny by Justin Gray and Manuel Monte. Attorney Daniel Mackey has a grave history of corrupting and fraudulent changing the court record MALICIOUSLY TO DECEIVE THE COURT in several other cases with David Derringer, each also embezzling state tax public money alleging to represent select private individual citizens in a direct conflict of interest while representing state clients. Attorney cannot represent two clients with possible conflicting interests. State v. Aguilar, 1975-NMCA-060, 87 N.M. 503, 536 P.2d 263. Knowingly attorney Mackey colludes with a Judge O’Connell for all Defendants not to even answer the Complaint with “knowledge” Judge O’Connell has been “assigned” to rig the case against Derringer, so NO need to even answer the Complaint. The time frame here in condemning. This suit was served upon the instant Defendants on July 7, 2023 by legal summons. By NMRA 1-004 Answer was required no later than August 6, 2023, wherein the Defendants refused to file any Answer, no dispositive motion and did not enter any appearance. The sole question before the court is whether the movant's failure to appear in the action within the time required was due to his mistake, inadvertence, surprise or excusable neglect. The proof that it was none of these is easily sustained by the fact that Defendants chose Domestic terrorism instead, obviously knowing the suit and in revenge, obstruction of justice, intimidation chose instead to weaponize the NMLB and attack the Plaintiff. U.S. v. Wilson, C.A. 4 (W. Va.) 1986 796 F.2d 55, on remand 640 F. Supp. 238 cert denied 107 S. Ct. 896, 479 US 1039, 93 L.Ed.2d 848 “Statute proscribing harassment (Title 18 U.S.C. Section 1512) is not limited to conduct that actually dissuades testimony, and the success of an attempt to do so or the possibility thereof is irrelevant.” NMLB formerly attacked the Plaintiff by knowingly falsely accusing the Plaintiff on April 20, 2023 and without a warrant until afterward, illegally arrested Plaintiff and illegally imprisoned the Plaintiff (as part of the instant suit). As Derringer’s Motion to Dismiss that fraud, NMLB instantly withdrew as Nolle Prosequi. Instead of entering appearance in this instant case, the NMLB again instead chose DOMESTIC TERRORISM AND INTIMIDATION, and re-attacked the Plaintiff in further weaponization of the NMLB and illegally filed the same and more false criminal charges (knowingly as a criminal act under NMSA 30-39-1 and penal code 118.1) using Justin Gray instead of the original Manuel Monte, in total violation of NMRA 7-201. When the illegal criminal charges of OBSTRUCTION OF JUSTIC, DOMESTIC TERRORISM AND INTIMIDATION did not force the Plaintiff to withdraw this instant suit, Justin Gray falsified public record, knowing the there could be no trespass of Derringer horses on the alleged grazing permit of the Santalina by Benavidez and simply embezzled state trucks and trailers to steal on August 23, 2023, the 13(17) Derringer horses in larceny to intimidate Derringer on how bad it will get if Derringer keeps going with Court action against the tyranny Democrats protecting their cocaine, human trafficked minor children for NM elite pedophiles and other debased, corrupt, vile Communist political agenda being exposed by whistleblower Derringer. As all of this has been ongoing now several years in other suits, the Governor Grisham knows of all of this with Derringer’s complaints and wherein as this Judge O’Connell is a Democrat, absolutely has heard of all of this long before becoming the presiding Judge in this instant case, sustaining the “why” Judge O’Connell defied NMRA 1-055 and defied all sustaining law [4] to maliciously not Order and not file a Default Judgment so that the Democrat agenda could conduct their domestic terrorism against Derringer with the case door still open in deprivation against Derringer of due process and equal protection in violation of the 5th and 14th Amendments. Doe v. Pringle, 550 F.2d at 596 (10th Circuit 1976) at 599 “… constitutional due process or equal protection deprivations.” Accordingly the acts of Judge O’Donnell are malicious abuse of discretion. United Salt Corp. v. McKee 96 N.M. 65, 628 p.2d 310 (1981)“Abuse of discretion is present which is defined as when the judge has acted arbitrarily or unreasonably under the particular circumstances.” Because of this abuse, it was deliberate procrastination for motive on deceiving the court well outside of both jurisdiction and judicial capacity making Judge O’Connell a co-conspirator and 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.”; 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.” The Defined Defendants here waited until August 29m 2023 to file their illegal Defendants’ Special Appearance and Motion to quash for Improper Service when, in point of fact, one cannot Quash a Default Order and filing deliberately never done by the co-conspirator Judge O’Connell. There is an additional burden to be met by the moving party, as pointed out in Smith v. Pelton Water Wheel Co., 151 Cal. 394, wherein the Supreme Court said, at page 397 [90 P.934]: "Under this statute, the application must be made within 'a reasonable time,' and what is a reasonable time in any case depends upon the circumstances of that particular case." In this matter, the Defendants had thirty days under Summons to contest service, and then another 23 days before they attempted a “Court” approach to stop the Plaintiff, only after the domestic terrorism, intimidation and obstruction of justice approach had failed. Thus the moving party seeking relief from default faces two hurdles, and we turn to the first, whether defendants demonstrated that their failure to appear within 30 days after service of summons and complaint was due to "mistake, inadvertence, surprise or excusable neglect.", which is proven here it was not. Neither Defendants, nor attorney Mackey did not contact Pro-Se Derringer seeking an extension of time, nor did they contact the Court in any manner, nor did they request standing or leave by either the Court or Plaintiff to file the Defendants’ Special Appearance and Motion to Quash for Improper Service and did not seek any relief under NMRA 1-060. It is significant that the Defendants did not seek an extension of time for Defendants to appear in the action, from either Plaintiff counsel or the court. Plaintiffs, not hearing from defendants and unaware caused a proper Motion for Default before the Court illegally and improperly simply ignored by Judge O’Connell for ulterior motives of protection of both the state actors, collusion private actors and the invading Sinaloa Cartel. Defendants claim improper service, wherein service was proper and do fraud on the court to allege collectively that the “private citizens of Manuel Monte and Justin Gray also had to be noticed to the NMAG which is bogus and wherein they are not even legally represented. Defendants cannot and don’t contend that their failure to appear comes within the term "excusable neglect and mistake”. One moving in equity to set aside a default judgment must act diligently in making his motion. Even if the Defendants claimed the doctrine of “laches” it is defeated due to the extreme bias and prejudice against Derringer delaying any of this case with the larceny stealing of the Derringer 13(17) horses by Justin Gray “citizen” wherein Derringer doesn’t know if they are fed and watered, where they are, if Gray murdered them, if Gray shipped them to Mexico for butchering for meat, or lied to horse rescue places or citizens to illegal sell them or place them in “possession of stolen property of unknowing victims” of Gray’s fraud and perjury claiming “strays”, making the entire situation fraud on the court. Hallett v. Slaughter, supra, 22 Cal. 2d 552, 557; Corcoran v. City of Los Angeles, 153 Cal. App. 2d 852, 856 [315 P.2d 439]). Fraud on the court should embrace only that species of fraud which does or attempts to, subvert the integrity of the court itself, or is a fraud perpetrated by officers of the court) (citation omitted); Kerwit Med. Prods., Inc. v. N. & H. Instruments, Inc., 616 F.2d 833, 837 (11th Cir. 1980). The prejudice here is extreme abuse of discretion of Judge O’Connell of reckless endangerment of $1.7 Million lifetime value of these animals as assets and personal property of the Plaintiff in gross NEGLECT TO PREVENT of prejudice caused by the delay Abbott v. City of Los Angeles, 50 Cal. 2d 438, 459 [326 P.2d 484]; Newport v. Hatton, 195 Cal. 132, 148 [231 P. 987]). It was held in Benjamin v. Dalmo Mfg. Co., supra, 31 Cal. 2d 523, 531, that, on a motion made to defeat a Default, the movant must show that relief was sought within a "reasonable time," whether or not the other party suffered any prejudice from the delay. Here, the Plaintiff has suffered under delay due to the criminal acts of the Defendants stealing living, breathing animals that could be already murdered or dispersed by the criminal Gray. Any claim of equity power of a court to contend this fraud Motions done in and accompanying a multitude of criminal acts by the Defendants, the attorney Mackey and the Judge, must be considered narrower, not wider. Wattson v. Dillon, 6 Cal. 2d 33, 42 [56 P.2d 220. The rampant and continual stealing Derringer’s horses is obstruction of justice, intimidation, RICO, treason and other crimes to defeat the Justice system and defeat the ruin Derringer’s life and defeat the “whistleblowing” by Derringer on the egregious public corruption of New Mexico and the extreme treason and corruption of every Democrat Judge in New Mexico. It is mandated for Judge O’Connell to seek Disbarment of Mackey, but they are in collusion and conspiracy with a common goal. [5] Disbarment for misconduct including intimidation of witnesses. — An attorney was properly disbarred for having engaged in four acts of misconduct, including subornation of false statements, intimidation of witnesses, dishonesty and intentional misrepresentations…in the form of false statements made to the board in the regular course of its proceedings. In re Ayala, 1984-NMSC-110, 102 N.M. 214, 693 P.2d 580. Judge O’Connell simply uses Mackey as the vehicle to rig the case to protect and indemnify all state employees and protect undeniably the Sinaloa Cartel from all criminal actions persecuting Derringer-the whistleblower. Mackey uses and accelerates the FRAUD ON THE COURT by use of tampering with records, distortion of court pleadings, falsification of heading, for improper purposes of NM state dollar embezzlement to falsely represent select private parties using tax money attorney payment; multiple criminal acts State and Federal. Mackey fraudulently recaptions the heading so as to falsify representation so as to embezzle state tax money and work in proven conflict of interest to falsely represent select private party NM citizens. [6] Daniel Mackey intentionally makes misrepresentations to a tribunal, with the applause of Judge Mackey using him as a tool to defeat Derringer’s legal cause of action where relief can be granted. In re Venie,; In re Gabell, 1993-NMSC-045, 115 N.M. 737, 858 P.2d 404).This action of Mackey is criminal, that Judge O’Connell is an accessory and complicit. 2017-NMSC-018NM Stat § 30-26-1 (2021). [7]. In this instant matter, as before attorney Daniel Mackey distorts the Plaintiff’s heading so as to deceive the court that he can represent private citizens Manuel Monte and Justin Gray, which he cannot. Daniel Mackey distorts the heading thusly: (Defendants) NEW MEXICO LIVESTOCK BOARD, BENJAMIN BENAVIDEZ JR., BENAVIDEZ RANCH, OFFICER MANUEL MONTE, OFFICER JUSTIN GRAY, MANUEL MONTE, in his Individual Capacity, JUSTIN GRAY, in his Individual Capacity. The legal heading is the heading of the Plaintiff as above in this pleading that cannot be changed. Jemez Properties Inc. v. Lucero, 94 N.M. 181, 608 P.2d 157 (Ct. App.1979) cert denied 94 N.M. 628, 614 P.2d 545 (1980) “Tampering with evidence constitutes exceptional circumstances. Tampering with physical evidence in the case and with public records in the county clerk’s office went beyond the common fraud contemplated by Subdivision (b)(3) of this rule [Rule 1-060], and constituted exceptional circumstances to allow the reopening of judgement more than a year after its entry, under Subdivision (b)(6).” Fraud upon the court is fraud committed by officers of the court. The officers of the court are attorneys, judges, and judicial employees, including the staff of the clerk of the court. Attorney fraud upon the court is types of actions designed to interfere with the proper functioning and decision-making of a court..that species of fraud which does or attempts to, subvert the integrity of the court itself, as it is a fraud perpetrated by officers of the court) (citation omitted); Kerwit Med. Prods., Inc. v. N. & H. Instruments, Inc., 616 F.2d 833, 837 (11th Cir. 1980). This act alone vitiates the entire pleading of September 19, 2023 as fraud wherein this court cannot consider any writings within. 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."). Daniel Mackey engages in a federal crime, United States. 18 US Code 1519, not only to protect state employees and private citizens doing criminal acts against the Plaintiff and in cahoots with the Sinaloa Cartel in treason, but to fraudulently coerce and engage Judge O’Connell “knowingly” to allow Mackey to use his fraud as a tool for the Judge to accept the fraud to help “rig” the case without any Default or damages to the state political Democratic communism agenda and not punish, nay “protect” the Sinaloa Cartel providing the cocaine to the Judges and officials. [8] Judge O’Connell has “knowledge” and deliberately and maliciously uses this bias and prejudice against Derringer to defeat the case and save the state employee criminals and the Sinaloa Cartel. In point of fact, Derringer in no wasy has a fair and impartial finder of facts Judges, but is up against a Judge O’Connell adversary in conspiracy and collusion with the state employees and Sinaloa Cartel, obviously being bribed by the drug and human trafficking money of the Sinaloa Cartel for the protection provided. Judge O’Connell has a duty to stop all of this but “won’t. 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.” Accordingly, and ABSOLUTELY private NM citizens Manuel Monte and Justin Gray did not answer the Complaint Pro-Se, did not hire any legal bar association attorney to represent them, the Court cannot allow Daniel Mackey as a state-paid NM attorney claimed to be illegally representing NM agencies and state employees in a conflict of interest or FRAUD ON THE COURT, or tampering with the heading in criminal acts to claim to represent citizens Manuel Monte and Justin Gray. [9] Therefore, absolutely citizens private parties NM Manuel Monte and Justin Gray are in total Default and mandated this Judge to award a Default Judgment for all counts and in all amounts against them. This Judge must abide by NMRA Rule 1-055 and immediately grant Derringer a Default Judgment, or recuse to an ethical Judge that is not a traitor to America. Accordingly, Daniel Mackey cannot represent Defendants New Mexico Livestock Board, Officer Manuel Monte, Officer Justin Gray by doing FRAUD ON THE COURT and criminal acts of falsification of records. Hence, the two illegal Motions have to be denied entirely and Default Judgment for Derringer Ordered and filed under NMRA 1-055 for all Counts and in all amounts stated in the Complaint, or Judge O’Connell has to recuse to an ethical Judge that did not lie under Oath and abides by the rule of law. Therefore, absolutely Defendants New Mexico Livestock Board, Officer Manuel Monte, Officer Justin Gray are in total Default and mandated that a factual Judge to award a Default Judgment for all counts and in all amounts against them and not be presided by Judge O’Connell placing Democratic political agendas far in precedence over the rule of law, blocking Default Judgements, catering to Defaulted parties to protect state employees and agencies, protect ruthless attorneys, protecting the invading Mexican National Sinaloa Cartel by defying Rules, law and doing FRAUD ON THE COURT, and turning a blind eye to crimes in the courtroom. Judge O’Connell knows exactly what is happening here and condones all to rig the case, using these actions as tolls for that purpose. 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 American Home Security Corporation, 362 Ill. 350; 199 N.E. 798 (1935). The actions of both the Defendants, attorney Mackey and Judge O’Connell are improper purposes. Marshall v. Holmes, 141 U.S. 589 (1891). This is a case of "injustices which, are deemed sufficiently gross…" Id., 524 U.S. at 46 (citing Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238, 244 (1944)). equity "should be available only to prevent a grave miscarriage of justice." Beggerly, 524 U.S. at 47. Marshall v. Holmes, 141 U.S. 589 (1891), a case cited by the district court and the Supreme Court in Beggerly as an example of a "grave miscarriage of justice."

Now 285+ Derringer horses have been stolen, killed, butchered, mutilated and terrorized by both the discharge of law and justice by the NM courts in treason allowing, condoning, facilitating and infiltrating America in treason with a coup Communist Democrat political agenda to protect state criminal employees and protect the invading Mexican National Sinaloa Cartel, 13(17) Derringer horses stolen in larceny by citizen Justin Gray with accomplices of Manuel Monte, Benjamin Benavidez Jr. and multiple other Sinaloa Cartel members and “John Does” is the most recent part of the ongoing daily missing Derringer horses bringing the known horse rustling total to 285+ . Demand is made under US Code title 42 Section 1982 for the instant return of all stolen horses, and instant return of the 13(17) stolen on August 23, 2023 by Justin Gray and other conspirators in good health and the exact horses, wherein if any are not returned, Order payment to Derringer of $100,000.00 for each horse missing against Justin Gray and each of John Doe accomplices and against the NMLB condoning and facilitation of embezzled trucks and trailers to accomplish the larceny. HORSES ARE IDENTIFIED AS #1 Bay stallion. #2 Buckskin mare. #3 Buckskin filly. #4 Sorrel mare. #5 Sorrel colt. #6 Black filly. #7 Bay colt. #8 Sorrel colt. #9 Sorrel colt. #10 Sorrel mare. #11 Sorrel colt. #12 Bay mare. #13 Bay filly.

Respectfully submitted by __________________________________________________

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

I hereby certify that I mailed a copy of this Pleading to the 2nd Dist. Ct. on this date. 400 Lomas NW Albuquerque New Mexico 87102

I further certify that I mailed a copy of this Response to John D’Amato PO Box 7888 Albuquerque New Mexico 87194 and only out of courtesy mailed a copy to Defaulted parties to Daniel Mackey8206 Louisiana Blvd NE Ste A Albuquerque, New Mexico 87113-1738.




[1] US v. Andreas, 39 F. Supp.2d 1048 ND Ill. 1998 “Obstruction of justice statute is construed broadly to include the various corrupt methods by which the proper administration of justice may be impeded or thwarted; variety limited only by the imagination of the criminally inclined.” 18 USCA 1503 [2] The NMLB cannot charge any fees (claims about $3,000.00) for stealing 13 horses in larceny in discharge of NMSA 77-14-3 that prohibits taking these horses NOT IN TRESPASS due to the Pajarito fence line not in compliance with NMSA 77-16- and 77-16-4. Hence, Justin Bray stole these horses in larceny by embezzles use of state trucks and trailers, lied they were strays to cover his larceny and only posted a notice to David Derringer, and to no other in Bernalillo County, as prima facia evidence Gray knew absolutely the horses were personal property of David Derringer. [3] Criminal, Fraudulent, and Prohibited Transactions Lawyers are officers of court and are always under obligation to be truthful to the court. Woodson v. Phillips Petroleum Co., 1985-NMSC-018, 102 N.M. 333, 695 P.2d 483. Misleading the court. Daniel Mackey misleads the court in deceit falsifying the heading to embezzle tax money to represent select private parties. The attorney misled the court. In re Estrada, 2006-NMSC-047, 140 N.M. 492, 143 P.3d 731. [4] Rogers v. Lyle Adjustment Co., 70 NM 209, 372 P.2d 797 (1962); Gallegos v. Franklin, 89 NM 118, 547, Pl2d 1160 (Ct. App.) cert denied 89 NM 206, 549 P.2d 284 (1976); Kutz v. Independent Publishins Co., 101 NM 587, 686 Pl2d 277 (Ct. App. 1984). . First Nat’l Bank v. George 26 NM 46, 189 P. 240 (1920); Enfield v. Stewart 24 NM 472, 174 P. 428 (1918).; Schmider v. Sapir, 1971-NMSC-030, 82 N.M. 355, 482 P.2d 58. Simultaneous entry of default and judgment. [5] Code of Judicial Conduct Canon 3 (D)(2). Disciplinary responsibilities: “A judge who receives information indicating a substantial likelihood that a lawyer has committed a violation of the Rules of Professional Conduct should take appropriate action. A judge having knowledge [6] Disbarment for manufacturing evidence. — When an attorney, who is an officer of the court and whose duty is it to protect the integrity of the adversarial system, intentionally lies under oath and manufactures documents designed to achieve an advantage in litigation, he demonstrates a complete lack of fitness to practice law. In re Gabell, 1993-NMSC-045, 115 N.M. 737, 858 P.2d 404). [7] Tampering with public records consists of: A. knowingly altering any public record without lawful authority; B. any public officer or public employee knowingly filing or recording any written instrument, judicial order, judgment or decree in a form other than as the original thereof in fact appeared; C. any public officer or public employee knowingly falsifying or falsely making any record or file, authorized or required by law to be kept; D. any public officer or public employee knowingly issuing or causing to be issued, any false or untrue certified copy of a public record; or E. knowingly destroying, concealing, mutilating or removing without lawful authority any public record or public document belonging to or received or kept by any public authority for information, record or pursuant to law. Whoever commits tampering with public records is guilty of a fourth degree felony [8] US v. Barrera-Moreno, 951 F.2d 1089; Kunkel v. US, 113 S. Ct. 417, 506 US 957, 121 L.Ed.2d 340; Ruis v. US, 113 S. Ct. 985, 506 US 1055, 122 L.Ed.2d 137 “Government’s failure to be aware of and stop use and distribution of cocaine”. [9] Crime or Fraud by Client 16-401 Under Paragraph D of Rule 16-102 NMRA of the Rules of Professional Conduct, a lawyer is prohibited from counseling or assisting a client in conduct that the lawyer knows is criminal or fraudulent. “Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States. 18 US Code 1519.

 
 
 

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