OBSTRUCTION OF JUSTICE INTIMIDATION FOR CONTINUED HORSE RUSTLING BY NEW MEXICO LIVESTOCK BOARD

IN THE NEW MEXICO SUPREME COURT OF THE STATE OF NEW MEXICO

NO. S-1-SC-39680

UNDERLYING: New Mexico Court of Appeals No. A-1-CA-40690

New Mexico District Court Cases: 7th District Court: CV-94-10; CV-02-19; D-727-CV-2021-00028

New Mexico District Court Cases 13th District Court: D-1314-CV-2021-00541 -Derringer v. Davis & Derringer v. State of New Mexico et. al.

New Mexico District Court Cases: 2nd District Court: D-202-CV-2014-07755; CV-2022-03437; CV-2018-00514.

David Derringer,

Plaintiff-Petitioner,

V.

Defendants-Respondents,

STATE OF NEW MEXICO, BERNALILLO COUNTY SHERIFF DEPARTMENT, VALENCIA COUNTY SHERIFF DEPARTMENT, NEW MEXICO STATE POLICE, FRANCISCO “CISCO” LOVATO (AS AN INDIVIDUAL), KYM M. DAMAZYN, MIER PEDRO, RAMON MANQUERO, DENNIS CHAVEZ, SOUTHWEST EVENT CENTER LLC, D.C. LIVESTOCK AUCTION, SOUTHWEST LIVESTOCK AUCTION, BENJAMIN BENAVIDEZ JR., BENAVIDEZ RANCH, NEW MEXICO LIVESTOCK BOARD, DARRON SHAWN DAVIS, MICKEY C. CHAPEL, JENNIFER CHAPEL, JOHN CHAPEL, BEN CHAPEL, NM PROFESSIONAL BIG GAME OUTFITTERS, JOHNBEN ENTERPRISES, NM OFFICE OF THE STATE ENGINEER, NM STATE ENGINEER THOMAS TURNEY, NM STATE ENGINEER JOHN D’ANTONIO, CATRON COUNTY SHERIFF OFFICE, JOHN DOES

PETITIONER’S MOTION FOR ORDER OF CEASE AND DESIST; NOTICE OF ONGOING OBSTRUCTION OF JUSTICE AND CONTINUED TREASON FACILITATION OF THE INVADING MEXICAN NATIONAL SINALOA CARTEL BY ALL DEFENDANTS OF ALL 9 UNDERLYING CASES WITH COMPLETE COLLUSION OF ALL NEW MEXICO COURTS; AND MOTION FOR SANCTIONS AGAINST DEFENDANT BENJAMIN BENAVIDEZ JR. , BENAVIDEZ RANCH, DEFENDANT NEW MEXICO LIVESTOCK BOARD, CRIMINAL INTERVENTION OF EXTORTION THREATS AND INTIMIDATION WITHOUT AUTHORITY, EX-PARTE ILLEGAL INTERVENTION OF ALLEGED “OFFICER MONTE” CLAIMING AS AN INDIVIDUAL, BUT ALLEGING ILLEGAL REPRESENTATION OF THE DEFENDANT NEW MEXICO LIVESTOCK BOARD, ATTORNEY LIEF RASMUSSEN REPRESENTING DEFENDANT NEW MEXICO LIVESTOCK BOARD, ATTORNEY JOHN D’AMATO JR. REPRESENTING DEFENDANT BENJAMIN BENAVIDEZ JR. , BENAVIDEZ RANCH, AND AGAINST THE NEW MEXICO SUPREME COURT FOR DELIBERATE OBSTRUCTION OF JUSTICE WILLFULLY IGNORING AND PROCRASTINATING DELEGATING ALL 9 UNDERLYING CASES TO THE FEDERAL 10TH CIRCUIT UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO IN ORDER TO CONTINUE TO PROTECT THE INVADING MEXICAN NATIONAL SINALOA CARTEL AND ALL DEFENDANTS AND REPRESENTING ATTORNEYS IN ORCHESTRATED TREASON AGAINST THE UNITED STATES TO BLOCK RESOLUTION OF THESE MATTERS IN A HIGHER FAIR AND EQUITABLE COURT FOR PREVENTING IN OBSTRUCTION OF JUSTICE TO BE SERVED

COMES NOW the Petitioner David Derringer Pro-Se with his Motions as defined above.

FACTS

Due to the ongoing extreme treason and facilitation of the invading Mexican National Sinaloa Cartel, all Defendants and the NM Courts are perpetuating the extreme larceny of the Derringer personal property horses. Judge Ortega in the underlying matters made it clear that the New Mexico Courts would rig the cases to defeat justice and allow all Defendants to continue to steal the Derringer horses, and the actions in treason and deliberate blockage by the New Mexico Supreme Court blatantly support these criminal acts and contentions. Since October 2, 2022, Defendants Benjamin Benavidez Jr. and Benavidez Ranch, with collusion of all attending agents and employees, and with full knowledge of the attorney John D’Amato Jr. have stolen at least 27 additional horses, bringing the larceny of Derringer personal property horses now to well over 200. Defendants Benjamin Benavidez Jr. and Benavidez Ranch with collusion of all attending agents and employees have each day, since October 2, 2022, with full knowledge, maliciously and with larceny attempt, locks up to 61 horses each day in the grazing permit of the Benavidez’ known as the Santolina development, wherein the Benavidez’ are Sinaloa Cartel members, and the Santolina is a money laundering scheme of Bernalillo County involvement with the Sinaloa Cartel. The ploy here, as many times executed by Benavidez is the main way Benavidez has stolen, loaded in his horse trailers, and trailered stolen livestock across to County Valencia to Defendants Dennis Chavez, DC Livestock Auction, SW Livestock Auction, and SW Event Center witnessed and documented by Derringer in all underlying litigation, with documented full complicity and facilitation by all other Defendants in the 9 underlying cases. The definite intent is to allow the Derringer horses onto the Santalina, then deliberately lock them in by placing barbed wire to prevent them returning to their home with Derringer on the Pajarito and preventing the horses from their water with Derringer. (neither the Santolina nor the Pajarito has any wells for water, so Derringer hauls 1,200 gallons of water daily for his horses available at the Derringer residence). By RULE OF LAW, NMSA 77-9-21 through 77-9-24 each time Benavidez locks in the Derringer horses is a criminal felony of livestock larceny the moment Benavidez deliberately locks the fence WITH ABSOLUTE KNOWLEDGE that horses not of Benavidez ownership are on the Santolina property that are THEN INSTANTLY blocked from free access to their home, and worse yet each time such horses are blocked from access to the provided owner Derringer water is the felony of abuse of animals under NMSA 30-18-1. Benavidez has been for 110 years in total violations of their Santolina grazing contract and NMSA 77-16-1, wherein the “Pajarito fence” line of about 4 miles running East to West separates the open range of the Southern Pajarito from the Santolina and has been always non-conformance to NMSA 77-16-1 in perpetual disrepair for 110 years. Hence, under NMSA 77-16-1, any Derringer horses that jump the only 2-foot dilapidated Pajarito fence, or duck under the only one strand of barbed wire in places, [Exhibit 1] are simply legally in the now open range of the Santolina by the discharge of lawful duties under statutory mandate by the Defendants Benavidez’. Each time each Derringer horse is locked into the Santolina by deliberate closing the fence with full knowledge of the Derringer horses on the Santolina property due to the formerly proven and sustained litigation, the horses are by law on open range, hence, by law Derringer has every legal right to be forced under duress to open the Pajarito fence to lawfully release his stolen personal property of horses and allow thus such horses to have legal access to the Derringer water provided for Derringer horses at their home at the Derringer residence. As of this date 4-20-2023 Defendants Benavidez’ and attorney in complicit John D’Amato Jr. each day since October 2, 2022 have committed each day 2 SEPARATE felonies per each horse; that of criminal larceny NMSA 30-16-1 and NMSA 30-18-1; wherein the total to date are 200 days of felonies times 2 separate felonies each day of 400 felonies times each horse of at least 61 per day, or 24,400 felonies of both horse larceny and animal abuse, not including the horses stolen and totally gone by Benavidez’ Sinaloa Cartel horse larceny.

In collusion with the preferred and protection of the Sinaloa Cartel, as acting as an individual without jurisdiction or legal capacity with perjury of oath and criminal acts in defiance of NMSA 29-1-1 and 29-1-2, “Officer Monte” acts in proven facilitation of the described larceny and animal abuse. In ex-parte contact and threats and intimidation, “Officer Monte” illegally contacted Plaintiff/Petitioner David Derringer with criminal intent to threaten, intimidate and extort hate crimes and domestic terrorism in treason against Derringer on March 18, 2023 without attorney Lief Rasmussen. “Officer Monte” was alleging to illegally represent the NM Livestock Board Defendants, while acting in treason and collusion with the Defendants Benavidez’ (invading Mexican National Sinaloa Cartel) to attack and threaten Derringer’s alleged forced opening the Pajarito fence when Derringer finds his personal property horses again locked up in larceny and animal abuse each day depriving the Derringer horses of their water. Derringer clearly stated to “Office Monte” that he had no legal possible right to individually contact Derringer without attorney Lief Rasmussen present, nor had any legal right in treason to assist and protect horse rustling by illegal collusion and involvement to attack Derringer to facilitate the locking up and larceny of the Derringer horses by the Defendants Benavidez’. Derringer stated specifically that “Officer Monte” was or should be aware that the New Mexico Livestock Board was a legal Defendant to Derringer and there was no ability to directly attack and talk to Derringer from the “individual” “Officer Monte”. “Officer Monte” then terrorized, intimidated, obstructed Justice, facilitated criminal acts in treason and collusion of Sinaloa Cartel horse rustling in defiance of duties mandated as the reverse of his actions in opposition, to instead mandated to arrest the Benavidez’ under NMSA 29-1-1 and help Derringer retrieve his stolen livestock under NMSA 29-1-2. But instead, in criminal extortion and harassment, “Officer Monte” threatened to file criminal charges against Derringer for Derringer’s legally retrieving his stolen horses each day as necessary wherein no law is executed in New Mexico to stop the horse rustling by any government or Court, wherein then “Officer Monte” hung up the phone against Derringer.

MOTION FOR COURT ORDER

Plaintiff/Petitioner Motions the Court for Order for all Defendants to cease and desist continued horse rustling larceny and criminal animal abuse of Derringer horses and order the 9 underlying matters immediately delegated to the Federal United States 10th Circuit District Court for the District of New Mexico at once, and for replevin to return all over now 200 horses stolen by all Defendants.

MOTION FOR SANCTIONS

Due to violent and totally illegal obstruction of justice by treason intent of facilitation of the invading Mexican National Sinaloa Cartel’s continuation of larceny of Derringer’s horses and other acts or foreign and domestic terrorism and hate crimes by all Defendants of the underlying 9 cases and the entire administration and judiciary of New Mexico, Derringer is due extreme sanctions of actual damages, exemplary damages, damages for “collusion” of the individual of “Officer Monte” by the illegal actions of “Officer Monte” on March 18, 2023.

WHEREIN THUS, Derringer demands sanctions of the amount of $200,000.00 from EACH of and as against Defendant Benjamin Benavidez Jr. , Benavidez Ranch, Defendant New Mexico Livestock Board, criminal Intervention of extortion threats and intimidation without authority, Ex-Parte illegal intervention of alleged “Officer Monte” claiming and acting as an individual, but alleging representation of the Defendant New Mexico Livestock Board, Attorney Lief Rasmussen Representing Defendant New Mexico Livestock Board, Attorney John D’Amato Jr. Representing Defendant Benjamin Benavidez Jr. , Benavidez Ranch, and against the New Mexico Supreme Court for deliberate obstruction of Justice willfully ignoring and procrastinating delegating all 9 underlying cases to the Federal 10th Circuit United States District Court.

Respectfully submitted by ___________________________________________

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

CERTIFICATE OF SERVICE 4-20-2023

I hereby certify that I sent a copy of this Pleading to the New Mexico Supreme Court by 1st class mail at 237 Don Gaspar Ave STE 104, Santa Fe, NM 87501

CERTIFICATE OF SERVICE to attorneys stated in web site.

https://d2bowman4570.wixsite.com/notices/post/new-mexico-supreme-court

CERTIFICATE OF SERVICE 4-20-2023

I hereby certify that I sent a copy of this Notice to the New Mexico Supreme Court by 1st class mail at 237 Don Gaspar Ave STE 104, Santa Fe, NM 87501

Daniel Macke, 8206 Louisiana Blvd. NE Ste. A, Albuquerque New Mexico 87113

Leif C. Rasmussen 2105 Osuna Road NE Albuquerque, NM 87113

Charles N. Lakins, Esq. P.O. Box 91357 Albuquerque, New Mexico 87199

Carlos Quinones 1223 S. Saint Francis Dr. Ste. C Santa Fe, NM 87505

John D’Amato Jr. PO Box 7888, Albuquerque, NM 87194

Judge Murphy 7th District Court 7th District Court P.O. Drawer 1129 Socorro, NM 88901

Judge Mercer 13th Judicial District Court 1835 NM-314 Los Lunas, New Mexico 87031

Judge Ortega 2nd District Court 400 Lomas NW Albuquerque, New Mexico 87102

Judge Medina Ct. App. Judge Hanisee Ct. App. Judge Borgardus Ct. App. Judge Henderson Ct. App. 2211 Tucker Ave. NE Albuquerque, NM 87106

EXHIBITS 1