PERJURY OF OATH AND TREASON ON NEW MEXICO JUDGES TO PROTECT THE SINALOA CARTEL RICO OPERATIONS IN NEW MEXICO

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

New Mexico Supreme Court ADDENDUM AND EXHIBITS for Petition for writ of certiorari of Appe.

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David Derringer,                                                                                 No.

                                                                                                            No. A-1-CA-41826

Petitioner-Plaintiff,                                                                             Bernalillo County

D-202-CV-2024-00261

V.

New Mexico Attorney General Raul Torrez, Bernalillo County Sheriff Manuel Gonzalez III, Citizen Manuel Gonzales III (as an individual New Mexico 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; MOTION FOR SANCTIONS WITHOUT BOUNDARIES AGAINST ALL NAMED JUDGES AND DEFENDANTS SUBVERSION OF US CONSTITUTION ARTICLE III, SUPREMACY CLAUSE ARTICLE VI, AND TREASON UNDER 18 USC 2381, 2382, 2383, AND TAKING BRIBES OF INVADING MEXICAN NATIONAL SINALOA CARTEL TO USE JUDICIAL POSITION FOR PROTECTION OF SINALOA CARTEL RICO RACKETEERING  

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

Order Denying Rehearing was filed 7-25-2024

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 and be illegally protected as a traitor to the United States by the corruption of the New Mexico Supreme Court?

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 the Judge not only refuse to Order Default, but Order in treason for the Plaintiff not to ever be able to exercise Constitutional due process and equal protection in criminal acts of treason, obstruction of justice, intimidation, conspiracy against rights, deprivation of rights under color of law, and not be subject to the execution by hanging as stated in the Constitution?

3.      Whether any Judge can deny due process and equal protection and deny opportunity to be heard directly to protect proven criminal subversives and domestic terrorists that are in collusion with invaders of the Mexican Sinaloa Cartel as enemies of the United States?

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 allow Defendants and representing attorney, and the mob of judges themselves to do falsification of court records, destruction of court records, distortion of court records, fraud on the court, deliberate false information and not sanction Defendants, sanction subversive traitor judges, or seek disbarment of the errant attorneys, and turn in for criminal prosecution traitor judges in a coup against the United States?

7.      Whether any Judge can ignore and allow total unaccountability of Defendants by rigging the case when Defendants fail and refuse to Answer a Complaint and not Order a Default Judgment, but instead protect the Defendants by Ordering the Plaintiff not to be able to litigate the original case and Order the Plaintiff never to file another law suit in the future in denial of all Constitution in treason?

8.      Whether any Judge can provide protection, bias, prejudice for the Defendants proven to have taken foreign bribes from international Communist George Soros to directly interfere with US elections as a federal crime, and a Defendant working directly with the invading Mexican National Sinaloa Cartel illegally purchasing and trafficking fully automatic firearms as felonies under BATF Title 18 Section 922, and admitted to collusion and protection of the RICO horse rustling in collusion with the invading Sinaloa Cartel and the New Mexico Livestock Board, also involving drug and human trafficking, so as to hold harmless liability for select Defendants and involved bribed Judges?

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 election foreign interference, drug and human trafficking, directly buying and trafficking fully automatic firearms, and RICO horse rustling, by  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:

The State of New Mexico is acting in treason with collusion of all three branches of Government in a Communist coup against the United States of America Constitutional Republic. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. About 99% of all government officials, Executive Governor, Judicial branch judges, and control of the Legislative branch is controlled by the Democratic party seeking nationwide to destroy the Republic to a fascist totalitarian Communist state with the Democrats as the controlling party. In so doing, the Governor has deliberately opened the Southern Mexican border and “invited, and aided criminals from over 170 foreign enemy countries to use New Mexico as the gateway to the invasion of the Sinaloa Cartel into NM and America and RICO operations of sabotage to America, based on bribed protection and perks from the from international foreign Communist terrorist George Soros and the drug money bribes from the Sinaloa Cartel, to the NM Administration and all three branches of Government. Treason is a unique offense in our constitutional order—the only crime expressly defined by the Constitution, and applying only to Americans who have betrayed the allegiance they are presumed to owe the United States. The main extremely violent gang is the actual Sinaloa Cartel, that includes the most violent faction of the Barrio Azteca prison gang  [4] but also includes MS-13, Tren de Aragua, which originated in Aragua, Venezuela, and others. This encompasses drug and human trafficking, illegal minors as slaves sold to NM elite pedophiles, prostitution, and vast other RICO operations, including, but not limited to, the RICO racketeering horse rustling the known Derringer horses on the legal open range all-private lands of the Pajarito. (which by illegal fence [NMSA 77-16-1, there can be no claims of “trespses” NMSA 77-14-3(A)] Case law NM Ct. App. No. 12-8853 makes also the entire all-private lands of the Santolina “open range”.All RICO racketeering operations in Bernalillo County use the Santolina all-private lands of the Santolina, owned by English Barclays Bank and shell Corporation Western Albuquerque Land Holdings LLC. Starting in 2014, admitted of court record (D-202-CV-2014-07755) illegal breach of grazing contract Sinaloa Cartel member Benjamin Benavidez Jr. started stealing known Derringer horses, by opening the dilapidated SW corner of the Pajarito fence and using 4-wheelers to herd Pajarito known Derringer horses onto the Santolina and then with “intent” and perfection of larceny (NMSA 30-16-1) captured and corral locked up horses Benavidez Jr. knew he did not own, and the trailers and sells the stolen Derringer personal property for profit. (NMSA 30-16-11) As Derringer herds increased, from 2012, the Sinaloa Cartel became interested in  profit and colluded with the felons of the New Mexico Livestock Board, particularly Justin Gray. Under the public corruption good ol’ boy system no officer will ever arrest and seek proper prosecution of a fellow officer with a badge and gun. Schear v. Board of Cnty. Comm'rs, 1984-NMSC-079, 101 N.M. 671, 687 P.2d 728. All known felons in NM state employee, are protected by the corruption of the Democratic controlled Executive and Judicial Branches “directing” all NM law enforcement to stand down and allow the RICO operations to flourish due to extreme bribes offered and taken by the invading Mexican National Sinaloa Cartel and foreign Communist activist George Sores’ agenda to destroy the American Republic by use of the NM administration. Extremely well documented by owner Derringer, the criminal conspiracy collusion of the NMLB and Sinaloa Cartel RICO horse rustling are the communal RICO horse rustlers. The NMLB could not be stopped by the alleged NM agency formed explicitly for stopping horse and cattle rustling, (NMLB) as the NMLB are the criminals stealing the already stolen horses Sinaloa Cartel Benavidez Jr. had already trapped and corralled in the alleged “Benavidez corrals North of Grant Road” in the middle of the RICO operations Santolina. The NMLB is without any jurisdiction on private lands, without forfeiture, without warrant, without court Order, simply come using state trucks and trailers and steal the already stolen known Derringer horses for vast profit with the assistance of Sinaloa Cartel Benavidez Jr.., wherein the NMLB sells the known stolen horses for profit to killers for meat. The statutory obligations that officers cooperate with prosecutors and bring Defendants before the courts are primarily designed to protect the public by ensuring that dangerous criminals are removed from society and brought to justice; accordingly, as with the duty to investigate crimes under this section, the duties of cooperating with prosecutors, diligently filing complaints, and bringing defendants before the courts inure to the benefit of private individuals, and the violation of these statutory duties may give rise to a cognizable claim under the Tort Claims Act, Sections 41-4-1 through 41-4-27 NMSA 1978. Weinstein v. City of Santa Fe ex rel. Santa Fe Police Dep't, 1996-NMSC-021, 121 N.M. 646, 916 P.2d 1313.. This NMLB/Sinaloa Cartel RICO operation nets $millions of profit from each horse at 1,200#s sold for $49.00 per pound. The State of New Mexico/Sinaloa Cartel conspiracy, using the agency of the NMLB and direct state employee felons NMLB Belinda Garland, Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, and George Mendoza, all split the vast profits. The NMLB directly steals known Derringer already stolen horses (Benavidez Jr. [NMSA 77-9-22(f)) in larceny, despite statutory mandate to arrest Benzvidez Jr..and return the known Derringer horses back “home” onto the open range Pajarito. (NMSA 29-1-1, 29-1-2) The NMLB keeps the stolen RICO (18 USC RICO 1966-1970) horses despite all proof of ownership provided by known owner Derringer of bills of sale, historical photographs, registration numbers of national horse registries and signed-notarized affidavit of ownership, wherein the NMLB sells the stolen horses for the State of New Mexico/Sinaloa Cartel and all conspirators keep the money. This entails thousands of felonies with multiple felonies per horse for now 803 stolen known Derringer horses. (NMSA 30-16-11 and 30-18-1(E) as animal abuse deliberately murdering healthy horses) Derringer sought and exhausted all legal law enforcement avenues for redress, to have law enforcement refuse and protect, in order not to arrest and prosecute felons NMLB Belinda Garland, Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, George Mendoza, and Benjamin Benavidez Jr.. Derringer found that Defendants Bernalillo County Sheriff Manuel Gonzalez III (as Defendant Sheriff and Defendant private party) a criminal (18 USC BATF Section 922) [Exhibit 15] purchasing automatic firearms directly as employee/collusion with the Sinaloa Cartel, thus protecting all RICO operations including the horse rustling. Derringer was ordered by the Defendants not to ever call 9-1-1 for mandated return of his property under NMSA 29-1-2. Derringer contacted the chief law enforcement officer of New Mexico defined as the New Mexico Attorney General Raul Torrez, to find traitor Communist Raul Torrez is bribed by $100,000.00 by foreign Communist George Soros, and by the Sinaloa Cartel, to protect criminals Sinaloa Cartel RICO operations, and doing felonies of “election interference”. (18 U.S. Code § 595 - Interference by administrative employees of Federal, State, or Territorial Governments ... election of any candidate) [Exhibit 14] it is abundantly clear that the State of New Mexico has seceded from the Union with all branches having direct knowledge of the sedition, treason, insurrection of all persons and matters involved herein with also the underlying Orders against Derringer not to ever presently or future use of the United States Court system against all Constitutional rights. Marbury v. Madison, 5 U.S. 137. Despite the already knowledge of the absolute corruption of all NM courts, the only remaining option for the Plaintiff Derringer was to properly sue the Defendants in a sustained claim for which relief can be granted for torts, damages, deprivation of rights, discharge of duties and more. By record, it is obvious that the Defendants were advised no need to Answer or respond to the properly served Plaintiff’s suit as the case would be rigged against Derringer. State ex rel Stratton v. Sinks, 106 N.M. 213, 220, 741 P.2d 435, 442 (Ct. App. 1987) “substantial evidence is such relevant evidence that a reasonable mind would find adequate to support a conclusion.”; Morris v. Dodge Country Inc.  513 P.2d 1273, 85 N.M. 491 Cert. Denied 513 P.2d 1265, 85 N.M. 483 “N.M. App. 1973 Conspiracy may be established by circumstantial evidence; generally, the agreement is a matter of inference from the facts and circumstances, including acts of persons alleged to be conspirators.”; US v. Pedreza 27 F.3d 1515 cert denied 115 Supreme Court 347, 513 US 941 130 L.Ed.2d 303 cert denied “Elements of conspiracy are agreement with another person to violate law, knowledge of essential objectives of conspiracy, knowing and voluntary involvement, and interdependence among alleged co-conspirators.”; Telman v. US 67 F.2d 716 cert denied 54 Supreme Court 860, 292 U.S. 650, 78 L.Ed 1500 “Conspiracy may be established by showing that minds of the parties met in an understanding way so as to bring about intelligent and deliberate agreement to do acts charged, although such agreement is not manifested by formal words.” Clearly, the most treason is the New Mexico Supreme Court “having a plethora of knowledge” that now 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 in absolute treason and perjury of Oath, and yet all Judges are still state employees, still presiding illegally on the bench, and still not arrested and prosecuted, doing extreme judicial domestic terrorism against Plaintiff Derringer and aiding, abetting and protecting the Sinaloa Cartel RICO operations in New Mexico and facilitation of the nationwide invasion terrorism/ The NM Supreme Court is doing nothing in complete treason collusion. Derringer filed suit as defined proper heading in [Exhibit 1] {New Mexico Attorney General Raul Torrez, Bernalillo County Sheriff Manuel Gonzalez III, Citizen Manuel Gonzales III (as an individual New Mexico citizen precluded attorney representation by use of NM tax dollar fee payment)} Plaintiff Derringer filed suit against the person Raul Torres in non-immune capacity [5] as New Mexico Attorney General due to total discharge of duties, and direct treason against America working with foreign Communist George Soros to allow crimes against the Plaintiff, including, but not limited to extreme RICO racketeering horse rustling in collusion with the New Mexico Livestock Board and other subversives and domestic terrorists as also bribed by the vast $32 Million dollars a week RICO profits of the invading Mexican National Sinaloa Cartel. Plaintiff’s written criminal complaints to the NMAG are ignored by Order of Raul Torres and Plaintiff Derringer, (due to call ID), the NMAG office has been directed by Raul Torres to “hang-up” on Derringer and not take further criminal complaints or requests for investigation of the RICO activities of the NMLB and Sinaloa Cartel in NM. Plaintiff  Derringer sued the Bernalillo County Sheriff Manuel Gonzales III (Plaintiff Derringer did not sue the “agency of the BCSO) in his official capacity of both discharge of statutory duties and his direct collusion in non-immune capacity [6] with the invading Mexican National Sinaloa Cartel, purchasing automatic firearms [Exhibit 15] to be possibly used against Derringer to protect, and armed facilitation of the known NMLB and Sinaloa Cartel RICO racketeering operation of horse rustling, drug trafficking, human trafficking and other crimes protected by the Sheriff Manuel Gonzalez III. Plaintiff Derringer directly sued the private party citizen Manuel Gonzalez III as a citizen conducting criminal acts and facilitation of the horse rustling RICO operations of the NMLB in collusion with the Sinaloa Cartel and particularly citizen protection of NMLB Justin Gray and Benjamin Benavidez Jr. of 9701 Volcanes NW, Albuquerque New Mexico 87121. The NMLB and Sinaloa Cartel have stolen now (ongoing daily) 803 known and verified Derringer horses of value $80,300,000.00, by specifically the NMLB State felon employees Belinda Garland, Justin Gray, George Mendoza, Darron “Shawn” Davis, Francisco “Cisco” Lovato, and Sinaloa Cartel Benjamin Benavidez Jr.. Sinaloa Cartel Benjamin Benavidez Jr. is the main Sinaloa Cartel RICO horse rustler having now worked directly with the felon of the New Mexico Livestock Board Justin Gray, wherein those two felons have personally stolen over 500 of the known Derringer horses. Complaint to Defendant Raul Torrez has been ignored deliberately, (State v. Ross, 521 P.2d 1161, 86 N.M. 212 In order for a conspiracy to exist there must be a common design or mutually implied understanding.”) as ignoring both written complaints and verbal phone complaints. Criminal complaints to arrest and prosecute NMLB Justin Gray, Benjamin Benavidez Jr. with the Bernalillo County DA NMAG, BCSO, Governor, NMSP have been ignored as protection of the larceny of the NMLB, bribed protection of the Sinaloa Cartel, all sanctioned/endorsed by the NMAG. Derringer has legally filed now 18 valid law suits as causes of action where relief can be granted, wherein despite all Defendants Defaulted, it is shown explicitly that the NM Justice system is bribed by the invading Mexican National Sinaloa Cartel for RICO protection, and all 99% Judge Democrats are also bribed by foreign Communist George Soros to destroy America from within by escalating crime without arrests or prosecution. Hence, the RICO horse larceny by the State of New Mexico and NMLB working under protection of all NM Law enforcement, is protected from legal redress and accountability by the total corruption of the NM judiciary that enables the ongoing domestic terrorism and judicial mafioso rigging the cases against all due process and equal protection of Plaintiff Derringer. As Derringer has continued to seek justice and redress by proper use of the Courts, all NM Judiciary from the lower District Courts to the New Mexico Supreme Court are directly involved with treason against the United States and against the Constitution Section III and Section VI as sedition, insurrection and a Communist coup to overthrow the US Connotational Republic to Communism absolutism. Fundamental error, treason, deprivation of rights and jurisdictional defect are summarily ignored by all NM Courts to rig the Derringer cases for defeat. The New Mexico Supreme Court has extreme and vast knowledge that now the entire NM Judiciary has resorted to blocking the Derringer whistleblowing and disclosure of the endemic public and judicial corruption, and has now formed a mob/gang of judge terrorists in treason to Oder all Constitutional rights of the US Constitution barred and denied against David Derringer in all current cases and forbidding and barring any and all future use of the United States Courts against American citizen David Derringer. These treasonous acts of obstruction of justice, intimidation, hate crimes not only unconstitutional against Derringer from filing suits as Plaintiff, but also bar Derringer any defense of suits or actions filed against himself; the most high crimes of treason under mandated death by hanging upon conviction. These are not acts as a “lone wolf” Judge, but a mob of judge criminals [7] with robes attacking Derringer in hate crimes and discrimination with multiple felonies as the specific entire Courts themselves of the NM 2nd District Court, the New Mexico Court of Appeals and the New Mexico Supreme Court. Monroe v. Pape, 365 U.S., at 172 “Congress sought to enforce the provisions of the Fourteenth Amendment against those who carry a badge of authority of a State and represent it in some capacity, whether they act in accordance with their authority or misuse it.” Collectively, thus, this mob of judges is orchestrated and condoned by the designated courts themselves.  A judge is not the court. People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980). Accordingly, each judge is liable as individuals for sanctions and prosecution. 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.” Each of the courts are also directly liable for sanctions and damages. Tanner v. Heise, 879 F.2d 572 “C.A. 9 (Idaho) 1989 Judges lose their immunity from suit when they act in non-judicial manner, or when they act in clear absence of all jurisdiction.” Moreover, this coup and insurrection comes from the State of New Mexico secession from the Union by directing all State Employees of all agencies to cooperate and stand down for effect the domestic terrorism against Derringer. This is meant for perfection of domestic terrorism against a singled-out and targeted individual citizen. The State of New Mexico is to be sanctioned and directly liable for the value of $80,300,000.00 of stolen horses by the agency NMLB protected by the inclusive Democratic mob of state agencies, governor, judges and legislature “with knowledge” refusing to act in collusion with treason and, “with power” yet “neglect to prevent”. 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 Illinois, 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.

1.      After Plaintiff Derringer filing and serving a proper suit, [Exhibit 1] the Defendants failed and refused to either answer the Complaint or file any dispositive Motion under NMRA Rule 4. It is clear that there was ex-parte communication between “state” Defendants and Communist Judge O’Connell that the case would be rigged against Plaintiff Derringer where there was no need to Answer. Rule 21-209 - A judge shall not initiate, permit, or consider ex parte communications.

2.      Derringer filed a proper Motion for Default Judgment [Exhibit 2] that was summarily ignored by Judge O’Connell so as to protect the Defendants and execute performance of the Sinaloa Cartel bribes to protect all Sinaloa Cartel RICO operations as well as to protect the underlying felons of NMLB employee.

3.      To absolutely stop the Plaintiff from proceeding and to stop any further actions of legal use of the Courts, Judge O’Connell Ordered [Exhibit 3] Derringer not to further prosecute the instant suit, nor any other pending suits, nor ever to file any further law suits, and barred Derringer from any further use of the Constitutional rights to due process and equal protection in violation of US Code Title 42 Sections 1981, 1983 “rights to sue”. This treason vitiated every action ever taken by Judge O’Connell making the mandate for Default judgment against all Defendants absolute. Fraud upon the court" makes void the orders and judgments of that court. It is also clear and well-settled 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) 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, and 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), 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." None of the orders issued by any judge who has been disqualified by law would appear to be valid.

4.      Plaintiff Derringer properly filed a Notice of Appeal but was barred under treason Order of Judge O’Connell [Exhibit 3] from filing it properly with the District Court under duress of threats of arrest, jail and assassination. [Exhibits 4, 8].

5.      After the Plaintiff-Appellant filed appeal, Judge O’Connell furthered her treason, obstruction of justice, jurisdictional defect, fundamental error, and domestic terrorism by illegally without any jurisdiction filing Order dismissing the entire case with prejudice and closing the case. Meeker v. Walker 80 N.M. 280, 454 P.2d 762 (1969) “From and after the filing of the notice of appeal from a judgement, the trial court was without jurisdiction to take any further step in regard to the motion to alter or amend judgement.” ; 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.” ; Van Sickle v. Holloway, 791 F.2d 1431 “Judges are liable when they act in clear absence of all jurisdiction.”

6.      This illegal Judge O’Connell also falsified the court record in the heading to protect the Defendants as a felony leaving off private citizen Manuel Gonzalez III. 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 evidence in the case and with public records in the clerk’s office went beyond the common fraud contemplated in paragraph B(3) of this rule, and constituted exceptional circumstances to allow a reopening of judgement more than a year after its entry, under paragraph B(6) of this rule [Rule 1-060]

7.      Judge O’Connell deliberately falsified the Order of [Exhibit 3] to leave off Defendant private citizen Manuel Gonzalez III so as to protect his private assets from judgment. These are felonies under NMSA 31-18-15 and federal crimes 18 USC 1519..

8.      Then came forward the vast 2nd District Court mafioso mob of Judges Ortega, Shepherd, Brickhouse, Ward to combine in collusion with O’Connell, that chimed in to also file similar treason Orders denying all Constitutional rights against Derringer in hate crimes and insurrection to protect all state employee felons and protect the Sinaloa Cartel as bribery from the Cartel was intended. To prove the 2nd District Court itself involved in this treason. This goes beyond just Judge O’Connell and then 4 other judges doing treason under 18 USC 241, 242, 1503, 2381, 2382, 2383; wherein Chief Judge Marie Ward sua sponte entered the treason. Judge Ward had never presided over any case involving Derringer and used he position as “Chief Judge” to harass, intimidate and obstruct Derringer claiming an illegal “administrative order” that encompassed all the cases Derringer has had in the 2nd District Court, Ordering Derringer never to file another law suit and banned from filing any and all court papers. [Exhibits 7, 8, 9]

9.      Plaintiff filed a Notice of Appeal to only the NM Ct. App. As described therein that Judge O’Connell had threatened with intimidation and obstruction of justice Derringer would be arrested, jailed and assassinated if any other “court papers” were filed. [Exhibits 4, 8] U.S. v. Cuesta, C.A. 5 (Fla.) 1979 597 F.2d 903 cert denied 100 S. Ct. 451, 444 US 964, 62 L.Ed.2d 377 cert denied 100 S.Ct. 452, 444 US 964, 62 L.Ed.2d 377 “with conspiracy to obstruct justice, one aspect of the conspiracy charged was a plan to murder a person who was providing information, so long as the evidence showed that the prospective murder victim was a source of the information.”; US v. Baum, 32 F. Supp.2d 642 “SCNY 1999 Obstruction statute is intended to prevent the obstruction of the administration of justice in any court of the United States, corruptly by threats of force.” 18 USCA 1503(a).

10.  Due to the entire State of New Mexico involved in the RICO horse rustling with the Sinaloa Cartel against citizen, Derringer filed a Motion to Cease and Desist with Motion for Sanctions. [Exhibit 5] The Motion to Cease and Desist and for sanctions was ignored by the NM Ct. App. as was the underlying treason reason for sanctions. This both enabled Justin Gray and the rabble of felons to continue to steal more hundreds of known Derringer horses in domestic terrorism, as planned by the State of New Mexico providing no protection under law. These non-actions absolutely prove the collusion of the actual NM Ct. App. itself with the acceptance and collusion of the underlying treason and RICO racketeering, involving the higher court gang of insurrectionists Judges Medina, Ives, Duffy, Yohalem, and Henderson as communal traitors.  Any judge or attorney who does not report judges for treason as required by law may themselves be guilty of misprision of treason, 18 U.S.C. Section 2382.

11.  Derringer filed the proper Docketing Statement and Motion for Sanctions [Exhibit 6] over all issues, particularly the treason, fundamental error and jurisdictional defects mandating reversal and mandating Default judgments.

12.  With evidence sustained the NM Ct. App. Judges and the NM Court Appeals itself was involved in the treason,  [8] Derringer properly filed for a new Judge under Title 28, section 455 USC. and Motion for Sanctions against the traitor Judges; all denied without explanation. 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; [Exhibit 10] 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.").

13.  The NM Ct. App. Consummated the treason of the lower court gang of subversives with Order Dismissing the Appeals and closing the Case with manipulation of the rules claiming dismissal due to Appellant not filing a Notice of Appeal with the lower court wherein facilitation of the treason the Court knew Derringer was illegally Ordered not to file any court paper. This is FRAUD ON 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."; Gengler v. Phelps, 89 N.M. 793, 558 P.2d 62 (Ct. App. 1976) Rules mandates “fair play” in the administration of justice; courts 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. The fraud of the NM Ct. App. Against Article III was simply to dismiss the appeal to cover up the vast criminal RICO acts and treason occurring herein.  Madrid v. Spears, 250 F.2d 51 (10th Cir. 1957) “Rules do not purport to abolish distinction between equity and law.” ; 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.” Thus, it is clear the NM Ct. App. Itself and collective Judges are assisting the treason with extreme fraud on the court and falsification of court records. [Exhibit 11] Judges falsified the record in felonies under NMSA 31-18-15 and federal crimes 18 USC 1519. SEE [Exhibit 1]

14.  Derringer filed his Motion for Rehearing with supporting brief. [Exhibits 12] wherein in both the subversive manipulation of the Order Dismissing Appeal falsification felony of court records, and then against falsifying court records in the Order Denying Rehearing. [Exhibit 13] (See complete violation distortion of [Exhibit 1]. US v. Kanchanalak, 37 F. Supp.2d 1 “Statute defining “corruptly”, as “acting with an improper purpose, personally influencing another, including making a false, misleading statement, or withholding, concealing, altering, or destroying a document or other information.” [9] The NM Ct. App. perfected the destruction of all Derringer due process and equal protection without explanation, authorities or reasons, wherein the “reasons” were to protect Justin Gray working with Sinaloa Cartel Benjamin Benavidez Jr. and other NMLB felons, stealing and selling known Derringer personal property and being protected by the bribed protection of the Defendants “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 intent of the NM Ct. App. was to protect the NMAG and Manuel Gonzalez III felon traitors, to protect the vast RICO operations in New Mexico as the gateway to the destruction of the United States with the cocaine, fentanyl, illegal minor children for NM judge pedophiles, cartel blood money bribed, and the Millions of pocketed money of the illegal sales of the 803 Derringer horses (NMSA 30-16-1; 30-16-11) and the other corruption and political Democrat coup against America this election year; all protected by the entire corruption and judicial terrorism of the entire NM Court system. The idea was to simply remand and condone Judge O’Connell’s illegal dismissal of the entire case and close the entire case. Judge O’Connell deliberately falsified court records in the illegal Order of 2-23-2024 by deliberately and criminally leaving off the name of the private citizen Defendant Manuel Gonzalez III, so as to protect the man himself as a citizen. Proof of this treason lies definitively in the Court papers and the admittance and proud acceptance of the bribes and firearms purchasing from the collusion of the Sinaloa Cartel by the Defendants herein. [Exhibits 14, 15]. Knowledge is abundant of all Courts, administrators, law enforcement, Governor and all conspirators collectively in NM by the Open and cited letters disclosing the public corruption and fraud of all NM Judges and Courts, with no attempts to redress, replevin or justice. [Exhibits16, 17]

The Order [Exhibit 3] was multiple criminal acts by Judge O’Connell by treason [10] against the United States, perjury of Oath, [11] aiding subversion and domestic terrorism by insurrection against Constitution, These changes of distortion of court record are felonies both state and federal. criminal falsification of the Court record in felonies under NMSA 31-18-15 and federal crimes 18 USC 1519. By deliberate falsification of the court records, Judge O’Connell’s Order is mute and ineffective both as treason, and fraud on the court and all actions by the NM Ct. App. is also jute for the same criminal acts. 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 problem exponential terrorism is that Judge O’Connell not only does treason, but orchestrated an execution plan against the Plaintiff by Ordering no Constitutional rights with death threat intimidation that if Derringer files any further suits, pleadings, notices, court papers of any kind, Derringer will be held in Contempt of Court, arrested, jailed and assassinated in jail by likely a Sinaloa Cartel operative or organized by the Defendants themselves with their unbridled corruption of power. Due to this coup against America facilitating the RICO operations, there are now multiple NM Judges that have teamed-up in tandem to deny Plaintiff Derringer any further or future use of the Courts of the United States of America, under threat of execution. Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238, Plaintiff Derringer properly filed a Notice of Appeal on 2-29-2024, [Exhibit 4] obviously only filing with the NM Court of Appeals, with notice, case law, and verifying statements “why” the Notice of Appeal could not be filed in the 2nd District Court under direct threats of Contempt, jail, assassination/execution. On 4-11-2024 Appellant Derringer filed a Motion to Cease and Desist and for Sanctions, [Exhibit 5] due to the ongoing RICO horse rustling protected by the Defendants and the treason of multiple NM Judges denying by Order all Constitutional rights of the Plaintiff Derringer and such Motions were ignored and denied without reason or authority by Judges Jacqueline Medina and Zachary Ives in treason under obvious bribes wherein all is sustained of FUNDAMENTAL ERROR, JURISDICTIONAL DEFECT, TREASON, BRIBERY, PUBLIC CORRUPTION, OBSTRUCTION OF JUSTICE AND FACILITATION OF BOTH RICO AND INVASION OF THE UNITED STATES IN FOREIGN AND DOMESTIC TERRORISM BY ENEMIES OF THE UNITED STATES. On 4-4-2024 Plaintiff-Appellant Derringer filed his timely Docketing Statement and also Motioned the Court of Appeals for sanctions without boundaries against traitor Judges subversive in terrorism against the Constitution and United States of America. 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. 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 by NM Judges, state agencies and officials. 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. 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 treason Orders against Derringer never to use the Courts. The actions of court record prove without doubt the extreme judicial corruption resolute to protect the intertwined RICO horse rustling operation and other extreme targeting, discrimination, persecution and Constitutional deprivations against Plaintiff Derringer. This includes the vast knowledge of all NM Judiciary in collusion that mandates liability for the RICO horse rustling that has now stolen and killed many of over 803 + known Derringer horses of value $80,300,000.00 as “no little matter”. The New Mexico Supreme Court, with full knowledge of NM Judges as traitors to the United States, knowingly leaves them on the bench to terrorize the public, yet is enabled with both jurisdiction, supervisory control, and mandate to stop crimes in the court. [12] and armed with power to fire, disbar, and instigate both state and notice to federal authorities for prosecution of Judges that are doing multiple felonies against public citizens of treason, obstruction of justice, intimidation, fraud, conspiracy against rights, deprivation of rights under color of law. Indisputable proof here is a coup mob mafioso gang of New Mexico Judges that have teamed up in concert with now at least 5 multiple illegal treason Orders to deny citizen David Derringer all Constitutional rights of due process and equal protection, directly obstructing the instant legal litigation of several valid suits. This felony obstruction is meant to rig now 18 cases against Derringer wherein all Defendants have Defaulted. The conspiracy is several fold.

1.      Order illegally Derringer not to sue any entity in the future to prevent the ongoing legal Derringer attempts for accountability of the NMLB larceny in collusion with the invading Mexican National Sinaloa Cartel, of now 803 known Derringer personal property horses of value $80,300,000.00; whereas the NMLB has illegally stolen (NMSA 30-16-1) and then pocketed “$Millions” in profit by then illegally selling Derringer horses, (NMSA 30-16-11) directly to terrorize Derringer by murdering Derringer horses deliberately sold to horse killers for meat in abuse of animals. (NMSA 30-18-1(E) This is also to prevent Derringer from suing non-immune NM Judges, state agencies and officials in total discharge of duties wherein all are in conspiracy, as all are also liable for the $80,300,000.00 actual damages of the stolen horses, and also liable for all the extreme torts in domestic and judicial terrorism. 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.” Dennis v. Sparks, 101 S. Ct. 183, 449 US 24, 66 L.Ed.2d 185 “US Tex. 1980 State Judge may be found criminally liable…” Defendants and involved 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 Defendants, felons of state employee, and the Sinaloa Cartel. NM Civil Rights Act Jan, 2023.

2.      Order illegally Derringer not to be able to legally represent himself in any United States Court so as to attempt to bankrupt and financially destroy and stop Derringer litigation by forced under duress to hire an attorney at $300.00 per hour, and then ex-parte blackballing any representation by any attorney that takes a Derringer case so as to prevent Derringer from finding any NM attorney willing to take any Derringer case. Thus, Derringer cannot complete the legal already filed litigation so as to rig all cases against Derringer, and to prevent Derringer from any further litigation over any matter for the rest of Derringer’s life.

3.      Order illegally Derringer not to file any further suit, and not to file any pleadings, court papers, notices, requests, appeals, motions; so as to stop all current litigation to rig all cases against Derringer, and to set-up and bait and entrap Derringer with the statement that Derringer has to “ask permission” from the Court to file any matter. Clearly, as Derringer would file a “request of the extortion illegal deprivation of rights” this would be filing a “paper”, thus the courts would impose their written stated intimidation threat to hold Derringer in contempt of court, deliberately jail Derringer, and then perfect the plan to assassinate Derringer by a plea deal with an already incarcerated MS-13 or Sinaloa Cartel thug to kill Derringer for a less sentence.

4.      Order all rigging and stopping of all Derringer cases for defeat as production of the paid bribes from the Sinaloa Cartel and foreign Communist George Soros to both protect the ongoing RICO operations in New Mexico, and to then gain the continuation of the provided Sinaloa Cartel and foreign bribery money and still gain the cocaine, minor children for judge pedophiles and other debased activity.

5.      The New Mexico Supreme Court is entirely of “knowledge” of all of these Judges in treason and taking protection bribes, use and addiction to cocaine, and felony rape and use of minor children provided by the RICO activities of the Sinaloa Cartel. 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. 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.

The Judges of all court refuses any replevin or redress for the victim/Plaintiff Derringer to be the party that has been denied of any of his property, the State of New Mexico illegally keeping $80,300,000.00 value of known Derringer horses in larceny, extortion and embezzlement of personal property of Derringer. 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 has 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). “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 been automatically disqualified by law disqualifying him/herself.”, 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. Forrester v. White, 792 F.2d 647 cert granted 107 S. Ct. 1282, 479 US 1083, 94 L.Ed.2d 140 reversed 108 S. Ct. 538, 484 US 219, 98 L.Ed.2d 555 on remand 846 F.2d 29 “Defense of judicial immunity will not protect a judge from injunctive relief or from a criminal prosecution.”  Without jurisdiction, now multiple Judges have 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 Judges definitely have expressed an "appearance of partiality" and, under the law, all have disqualified themselves, 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 Defendants. 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, all supported by all other judges involved in treason. This is 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 Benavidez Jr., NMLB felons Justin Gray, Belinda Garland, Darron “Shawn” Davis, Francisco “Cisco” Lovato, Manuel Monte, George Mendoza and other of the NMLB, 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 in total violation of Derringer’s rights under the 1st, 4th, 5th, 8th, 10th, 13th and 14th Amendments. 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. 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.” 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 Benavidez Jr../NMLB Justin Gray terrorism. Traitor Judges are simply baiting Derringer for “entrapment”, 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 has undeniably been won by the Plaintiff due to DEFAULT, FRAUD ON THE COURT AND TREASON BY ALL JUDGES “[A] case of fraud upon the court [calls] into question the very legitimacy of the judgment.” Calderon v. Thompson, 523 U.S. 538, 557, 118 S.Ct. 1489, 140 L.Ed.2d 728 (1998). Put another way, “[w]hen a judgment is shown to have been procured” by fraud upon the court, “no worthwhile interest is served in protecting the judgment.” Restatement (Second) of Judgments § 70 cmt. b (1982). 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 is targeted in discrimination to be forced to stand before a recused by laws (Liteky v. U.S., 114 S.Ct. 1147, 1162 (1994)). biased, prejudiced Judge in collusion with the RICO crimes of the Sinaloa Cartel, NMLB and corrupt judges. The carbal won’t stop stealing known Derringer horses with the collusion of the Defendants working with and protecting the Sinaloa Cartel of Justin Gray, Manuel Monte and George Mendoza, and the NMLB with mis-use of power invested only by administrative positions of NMAG and “Sheriff”. The actions of the Communist traitor Judge O’Connell and all other attending Judges demonstrate bias, prejudice and rigging the case to hold harmless Defendants and simply dismiss the entire valid case. Defendants all Defaulted by no Answer whatsoever, and ensuing fraud on the court. Judge O’Connell does fraud on the court along with treason, hate crimes, domestic terrorism, intimidation, obstruction of justice, conspiracy against rights, and deprivation of rights under color of law, with felonies of distortion and falsification of court records making her every act mute. [13] All Defendants are complicit and working to protect the RICO operations of the Sinaloa Cartel with NMLB Justin Gray, Manuel Monte and George Mendoza. Plaintiff Derringer was illegally denied the mandated Default Judgments against all Defendants without hearings, without trial and ignoring the already know bribery and Sinaloa Cartel direct collusion purchasing fully automatic firearms by Defendant’ Manuel Gonzalez III. All Constitutional law is defied, including all rules, case laws, NM statutes and multiple illegal judges 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 and Derringer is protected by federal law by the Whistleblower Act 1989. Ordering the Plaintiff to stand before a proven biased, prejudiced and complicit accessory of the horse larceny Judges of both the District Court and complicit NM Ct. App. violates all due process and equal protection. To cover up the public and judicial corruption exposed involves discrimination against Derringer, 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, 42 USC 1981, 1983,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. Fundamental error is a legal term provided by United States Courts to describe an error which occurs whenever a judgement violates a federal fundamental right. In United States constitutional law, fundamental rights have special significance under the U.S. Constitution. 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 felons Defendants already bribed by foreign Communist George Soros and the Sinaloa Cartel. The 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 and underlying RICO operatives

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 was working with the Sinaloa Cartel and Communism agenda of foreign subversive George Soros against America. All Defendants are explicitly protectors of the 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 that in New Mexico when a legal lawsuit is filed, and the Defendant is 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. See the unconstitutional treason by NM Judges in State ex rel Bardache v. Welsh, 592, 698 p.2D 462 1985-NMCA-028 16, 102 NM whereas this case attempted and is still of record denying due process and equal protection by muzzling 1st amendment rights when a civilian exposes the judicial corruption, fraud on the court, treason, obstruction of justice and further violations of 18 USC 241, 242, 1503. When the Plaintiff files for a legal Default judgment due to lack of Answer and fraud on the court, destruction and tampering with court records by the Defendants and Judge O’Connell, the subversive Communist Judge can simply commit treason to the United States in absolutism and defy the Constitution and be supported without consequences or accountability by higher judges to perfect any deemed viable agenda in abeyance of all laws. This is unquestionably that species of fraud which does, or attempts to, subvert the integrity of the court itself, and is a fraud perpetrated by officers of the court (Judges) so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases. All Defendants DEFAULTED and judgement is due for all counts and in all amounts stated in the Complaint as well as all sanctions to be awarded against each Defendant separately and against all Judges involved in the treason in all NM Courts.

ARGUMEMT:

Judges themselves are in treason and 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 in domestic terrorism funded by Communist George Soros and the Sinaloa Cartel. In order to stop the legal rights of the Plaintiff the courts subvert the Constitution in treason, yet the NM Supreme Court protects the subversive judges without firing, disbarment, arrest, or prosecution when these are the “high crimes” with punishment by death by hanging. Therefore all the NM Judiciary is complicit with treason under 18 USC 2381, 2382, 2383 and related multiple and extreme other felonies.  The Courts have violated Plaintiff Derringer’s 1st, 4th, 5th, 8th, 9th, 10th, 13th and 14th Amendment rights.

A PRAYER FOR RELIEF:

1.      Order Default Judgment against the 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 Defendant separately.

2.      Order all multiple sanctions Motions from both district Court records and NM Ct. App. Records paid to Plaintiff Derringer in all amounts against each separately from Judges Medina, Ives, Ortega, Duffy, Yohalem, Torres, Ward, O’Connell, Henderson, Brickhouse, Shepherd requested separately due to all in collusion with treason, perjury of oath, conspiracy against rights and deprivation of rights under color of law.

3.      Order all Judges Medina, Ives, Ortega, Duffy, Yohalem, Torres, Ward, O’Connell, Henderson, Brickhouse, Shepherd fired and removed from the bench, disbarred, arrested-reported to authorities FBI, DOJ, DHS, US State Department for treason, insurrection, subversion, put on the list of domestic terrorists as threats to national security.

4.      Order the State of New Mexico to pay Derringer every $ penny received by the illegal larceny (NMSA 30-16-1) and illegal sales (NMSA 30-16-11) of each known Derringer stolen 803 horses, with a copy of each fraudulent bill of sale use for illegal sale contructee by the NMLB and each horse sale document showing the amount of sale and the complete purchaser’s name and address.

5.      Order Defendant NMAG Raul Torres immediately removed from public office due to treason, insurrection and subversion, taking foreign bribes from Communist George Soros and the Sinaloa Cartel and aiding and abetting the Sinaloa Cartel using RICO racketeering horse rustling against Derringer.

6.      Order the State of New Mexico to pay Derringer the value of all stolen 803 horses of $80,300,000.00.

7.      Order a cease and desist against all NM persons in all agencies to stop interference with the Derringer legal ownership of personal property 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.” 

8.      Order all and any other relief the Court deems just and proper under the circumstances of the forced submission and involuntary servitude, and discrimination against the plaintiff and the hate crimes causing the irreparable harm of the loss of Derringer’s precious Constitutional rights and loss of precious animals. Depriving someone of their constitutional rights, such as the right to free speech or due process, may cause irreparable harm that cannot be fully compensated with money. Elrod v Burns, 427 U.S. 347, 373 (1976). The NM Courts are lawbreakers. A quote from U.S. Supreme Court Justice Tom C. Clark in Mapp V. Ohio, 367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (June 19, 1961), as follows: “Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence. As Mr. Justice Brandeis, dissenting, said in Olmstead v. United States, 277 U.S. 438, 485 (1928): "Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. . . . If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy."” (Emphasis added).

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.

MOTION TO REOUEST SANCTIONS WITHOUT BOUNDARIES SEPARATE AND DISTINCT FROM ALL PREVIOUS SANCTIONS; AGAINST JUDGES MEDINA, IVES, ORTEGA, DUFFY, YOHALEM, TORRES, WARD, O’CONNELL, HENDERSON, BRICKHOUSE, SHEPHERD IN A COUP AGAINST THE CONSTITUTIONAL REPUBLIC TO DEFEAT THE INTEGRITY OF THE US CONSTITUTION ARTICLE 111

Plaintiff-Appellant properly brings this Motion for Sanctions to the NM Supreme Court as both a superintending higher court regarding the highest of crimes of treason, insurrection, and subversion against the United States by NM Judges, and of current jurisdiction of the issues involved under the Petition for Writ of Certiorari. This Court has “a superintending control over all inferior courts and . . . the power to issue writs of mandamus, error, prohibition, habeas corpus, certiorari, injunction and all other writs necessary or proper for the complete exercise of its jurisdiction and to hear and determine the same.” N.M. Const. art. VI, § 3.May 10, 2024. It is mandated under laws of equal protection that a court cannot tolerate judges presiding in the district and appellate Courts that are waging war in treason on the Constriction and against We The People coming before them. No Judge has any ability to rule against filing or matters in the “future” since a case has not then yet been filed and not assigned to any particular Judge, whereas then no Judge has any jurisdiction regarding alleged future cases or the in-persona or subject matter jurisdiction. Block, 461 U. S. 273,; United States v. Mottaz 476 U. S. 834. In this matter six (6) 2nd District Court Judges are traitors in criminal perjury of Oath, and war against the US Constitution Against the 1st, 4th, 5th, 8th, 9th, 10th, 13th, and 14th Amendments as well as war against 42 USC 1981, 1983, in treason against Article III and Article VI Supremacy Clause. These traitor Judge are so enthralled with their power and ego that they presume to make Orders disregarding and superseding the very Constitution presumably they “swore to God” to uphold. Bank of Nova Scotia v. US, 108 S. Ct. 2369, 487 US 250, 101 L.Ed.2d 228 on remand US v. Kilpatrick, 726 F. Supp. 789 “Even a sensible and efficient use of supervisory power by federal court is invalid if it conflicts with constitutional or statutory provisions.” No Judge in the United States can Order any citizen not to use the United States Courts. In re Aquinda, 241 F.3d 194 “Presumption exists that a judge will put personal beliefs aside and rule according to the laws as enacted, as required by his or her Oath. 28 USCA 455(a)”. in this matter, all named Judges are criminal liars gaining power for sabotage of the United States. In re Williamson, 43 BR 813. By Orders in subversion attacking the very Constitution the Judges are insurrectionists predation on the citizens. Ordering the Plaintiff Derringer not to be able to have any further use of the United States Courts in the highest crime against the Constitutional Republic of America. They also war against the very New Mexico Constitution attempting to force a citizen to only have an attorney to gain any access to the courts. Wherein the New Mexico Constitution mandates  Access to courts is a RIGHT enjoyed by all persons under Article II Section 18 of the New Mexico Constitution, REGARDLESS OF LEGAL REPRESENTATION. The forced submission and involuntary servitude threatening Derringer not to be able to represent himself or be arrested and held in contempt and jailed and executed by a already detained Sinaloa Cartel convict is extortion, hate crimes and intention of murder in total obstruction of justice and treason Communist absolutism that destroys any validity to any act performed by these Judges. United States v. Beggerly, 524 U. S. 38. It is proven that 2nd District Chief Judge Marie Ward, without any possible jurisdiction threatens and intimidates the Plaintiff by alleging power as “Chief Judge” to Order actions on all 17 cases, including, but not limited to this instant case wherein at no time was Judge Ward any presiding Judge in any of these cases and therefor has no possible jurisdiction to make any Orders regarding any of them. Mann v. Conlin, 22 F.3d 100, 1994 Fed App. 122P cert. denied 115 S. Ct. 193, 513 US 870, 130 L.Ed2d 126 “Judge acts in clear absence of all jurisdiction and may be liable for money damages, when court of limited jurisdiction attempts to adjudicate case outside of its jurisdiction.” This shows the absolute corruption of the 2nd District Court itself, wherein the Court deliberately and maliciously, ”knowingly” allows and perpetuates the infiltration of Judges that war on the Constitution and lie under Oath. Accordingly, it is mandated to protect Article III that the 2nd District Court itself must be punished by sanctions to force a stop to allowing traitor Judges to defile the trust reposed in the public making Orders against the Constitutional Republic. Hence, Petitioner Derringer demands punishment by rights of due process and equal protection the amount of $500,000.00 in sanctions against the 2nd District Court. A. A. BROCK, as State Director of Agriculture, Petitioner, v. THE SUPERIOR COURT OF STANISLAUS COUNTY et al., [Sac. No. 5779. In Bank. Feb. 7, 1947.] Lack of jurisdiction in its most fundamental or strict sense means an entire absence of power to hear or determine the case, an absence of authority. Similarly, the New Mexico Court of Appeals, knowingly covers and endorses the lower courts treason by continued subversion, and defies the mandate for reversal under fundamental error and jurisdictional defect, whereas five (5) NM Ct. App. Judges condone, agree, and act in subversion and obstruction of justice to also block Plaintiff Derringer, sustaining the treason of the lower 6 Judges and wherefore in treason themselves. Hence, Petitioner Derringer demands punishment by rights of due process and equal protection the amount of $500,000.00 in sanctions against the New Mexico Court of Appeals. This also attests to the NM Court of Appeals itself enthralled with power to allege to supersede the US and NM Constitutions in the same manner as the Court below. 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. +A mob of lower court judges intertwined with higher court Judges have attacked the Plaintiff’s Constitutional right in proven treason that is a high crime of punishment of death by hanging. Plaintiff Derringer correctly exposed public and judicial corruption in legal 1st Amendment rights of truth under NMRA Rule 1-090 and under the Whistleblowing Act of federal law 1989. Judges Medina, Ives, Ortega, Duffy, Yohalem, Torres, Ward, O’Connell, Henderson, Brickhouse, Shepherd teamed up in treason to stop the legal litigation of Plaintiff Derringer so as to aid RICO racketeering and public and judicial corruption in NM taking bribes from foreign adversaries and enemies of America of the Sinaloa Cartel. US v. Kozmisnski, U.S. Mich 1988 108 S. Ct. 2751 487 U.S. 931 101 L.Ed.2d 788 on remand 852 F.2d 1288 “Statute prohibiting conspiracy to interfere with rights secured by Constitution or laws of United States incorporates prohibition of involuntary servitude contained in Thirteenth Amendment.” ; US v. Ellis WDSC 1942, 43 F.Supp. 321 “The provision of Title 18 Section 241 covering offense of conspiracy to injure citizens in exercise of civil rights was applicable to instances of conspiracy on part of both private individuals and public officials.”; US v. McDermott, CA2 (N.Y.) 1990, 918 F.2d 319 cert. denied 111 S. Ct. 1681, 500 US 904, 114 L.Ed.2d 76 “Statute prohibiting conspiracy to injure, oppress, threaten or intimidate any inhabitant of a state in free exercise or enjoyment of a right or privilege secured under Constitution or laws of United States applied to alleged Fourteenth Amendment violations.” Plaintiff Derringer has exposed many felonies in the underlying cases in all courts including the illegal Orders against Derringer depriving all Constitutional rights. Multiple Judges don’t want the Court record to prove the criminal acts involving many Judges with the RICO of the Sinaloa Cartel, hence this attack now against all Constitutional rights, with these Judges involved protecting all Defaulted Defendants and the underlying invading Mexican National Sinaloa Cartel, with all Defendants involved in RICO racketeering horse rustling and vast drug, human trafficking , slavery, pedophilia, automatic firearms and massive other illegal acts with many NM judges addicted and participating. Every act and Order in this case if muted by the criminal treason and fraud on the court and other felonies by the attending judges in all courts. ("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). Without doubt, these named Judges are simply criminal lying under oath to attain the power invested in them to instead sabotage the integrity of Article III. But this is treason under 18 USC 2381, 2382, 2383 and conspiracy against rights and deprivation of rights under color of law as criminal acts against Plaintiff Derringer. 18 USC 241, 242, 1503, 1505. Sanctions are mandated to protect the integrity of the judiciary Article III with no immunity available for the multiple named Judges. Oldfield v. Benavidez, 867 p.2d 1167, 116 N.M. 785 “N.M. 1994 Qualified-immunity doctrine protects government officials performing discretionary functions from suit to extent that their conduct does not violate clearly established statutory or constitutional rights of which reasonable person would have known.” The sanctions entail also the complicit Defendants. Sanctions mandated are separately defined against each, as well as the mandate to Order Default Judgments against All Defendants, whereas fraud on the court by Judges mutes all Orders from all underlying Courts. Obstruction of justice is rampant in this matter as is treason. In re Sealed Case, 162 F.3d 670, 333 US App DC 245 “Obstruction of justice statute is satisfied whenever a person with the intent to influence judicial or grand jury proceedings, takes action having the natural and probable effect of doing so.” This Court under Canon 3(D)(1)(2) clearly has power under both criminal acts occurring in this court and power to disbar all Judges as well as sanctions against all Defendants and all Judges Nemours Foundation v. Gilbane Aetna Federal Insurance Co., 632 F. Supp. 418 “D. Del. 1986. Criminal acts taking all Plaintiff’s Constitution rights in treason and domestic and judicial terrorism in a radical attempt to not only rig the instant case for defeat, but attempt to take all Derringer’s Constitutional rights to future sue legally for redress by Ordering Derringer not to use the United State Courts. Derringer is currently threatened with jail of contempt, preventing the mandated instant additional suit against other Defendants continuing to steal horses and terrorize the Plaintiff. Plaintiff Derringer is under a forced oppression and tyranny by all Defendants and involved Judges of NM. Plaintiff Derringer is unlawfully prevented not to have any Constitutional due process and equal protection in violation of the 1st , 4th, 5th and 14th Amendments to forfeit Derringer’s personal property horses that Derringer can legally protect under the 5th Amendment, “rights to sue” under 42 USC 1983, 1982 private property rights and case law. Jones v. Mayer Co., U.S. Supreme Court 392 U.S. 409 (1968) No. 645. Plaintiff-Appellant has tried all remedies, exhausting the agencies and authorities to stop the underlying RICO, and the grand larceny is increasing to extremes ongoing. 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. 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." , Terry Properties Inc. v. Standard Oil Co., (Ind) CA11 (Ala) 1986, 799 F.2d 1523. ; Monroe v. Pape, 365 U.S., at 172 "Congress sought to enforce the provisions of the Fourteenth Amendment against those who carry a badge of authority of a State and represent it in some capacity, whether they act in accordance with their authority or misuse it. 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 horrendous foreign, judicial, and domestic terrorism taking place against targeted Derringer is due to the vast public corruption entangled in all suits before the courts. mis-use of power herein is to betray the position entrusted and reposed in the Judges’ and the duty of officers of the court. 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 against Each Separately of: Defendants NMAG Raul Torres, Manuel Gonzales III in capacity as Sheriff, Manuel Gonzalez III as a private citizen acting against all law against the rights of the Plaintiff and Judges Medina, Ives, Ortega, Duffy, Yohalem, Torres, Ward, O’Connell, Henderson, Brickhouse, Shepherd for illegally Ordering in treason, obstruction of justice and intimidation US Citizen David Derringer to be barred forever in the present and future from any use of the court system under Article III of the United States Constitution, in a sanction amount against each separately and distinctly for an amount of $100,000.00, payable to victim Plaintiff-Appellant David Derringer wherein this case is both doing acts involving both deprivation of all due process and equal protection 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 Judge could perform. 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 as treason against the United States is the highest of crimes.. This New Mexico Supreme Court has a duty and responsibility with the Court's inherent authority as the NM Ct. App. stated "the need to prevent abusive litigation practice and preserve the integrity of the judicial process", so as to immediately grant the Plaintiff-Appellant’s request for sanctions of $100,000.00 against each separately of named Defendants and Judges all above, as well as Judges names immediately removed from the bench as traitors and criminal perjury of Oath. Petitioner Derringer also  requests further discretion award of punishment as the Court deems just and proper. The court, has broad power to issue effective compensatory sanctions in order to deter any abuse by any Judge under Canon Code of Judicial Conduct Canon 3 (D)(l). 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.”

WHEREFORE All Defendants have teamed up in concert with corrupt judges and attorneys to defeat the entire integrity of the US Constitution Section 1 Article III, using deprivation of rights, FRAUD ON THE COURT, ordered destruction of legal court records, tampering with court documents, violation of oath and usurpation of jurisdiction and power to destroy America as direct accessories to the RICO racketeering of the Sinaloa Cartel in this case allowing RICO racketeering horse rustling, drug and human trafficking operations and other subversion taking place on the property known as the Santolina. Mapp V. Ohio, 367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (June 19, 1961), “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.”

Respectfully submitted by __________________________________________________

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

Certificate of Service 8-16-2024

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] The Barrio Azteca prison gang (most prominent in El Paso and Las Cruces) is the greatest gang threat to the New Mexico HIDTA region because of the gang's propensity for violence and connections to violent Mexican cartels.

[5] New Mexico Civil Rights Act, January 16, 2023.

[6] New Mexico Civil Rights Act, January 16, 2023.

[7]  JUDGES O’CONNELL, SHEPHERD, ORTEGA, BRICKHOUSE, WARD, DUFFY, YOHALEM, MEDINA, HENDERSON, IVES. Archuleta v. Lacuesta, 988 P.2d 883, 128 N.M. 13, 1999-NMCA-113 cert denied 990 P.2d 822, 128 N.M. 148 cert denied 120 S. Ct. 937, 528 US 1117, 145 L.Ed.2d 815 “Person acting under color of state law who violates the rights of a plaintiff established by the United States Constitution or federal statutes may be held personally liable under federal civil rights statute.” ; United States v. Guest, 383 US 745 (1966); Griffin v. Breckenridge, 403 US 88 (1971) Footnote[ 101] 383 US 787 (1966) due process clause, Footnote [102] equal protection clause, Footnote [103] Sec. 5 empowers Congress to enact laws punishing all conspiracies to interfere with the exercise of Fourteenth Amendment Rights, whether or not state officers or others acting under the color of state law are implicated in the conspiracy.”; 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. Congress sought to enforce the provisions of the Fourteenth Amendment against those who carry a badge of authority of a State and represent it in some capacity, whether they act in accordance with their authority or misuse it.”

[8] 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.

[9] NMSA 31-18-15 Whoever commits the crime of falsification of documents is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. and federal felony under 18 USC 1519 “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”.

[10] Title 18 Section 1503-obstruction of justice Title 18 U.S.C. Section 1503(a) “Whoever corruptly, or by threats of force, or by any ..communication, endeavors to influence, intimidate, or impede...the due administration of justice, shall be punished..”

[11] All involved Judges lied under Oath to get the position of Judge simply to force political agendas and personal opinions, obviously taking bribes to reap perks and monetary increase, knowing full well they would not adhere to the Constitution, statutes, case law and rules of the court. US v. Miller, 161 F.3d 977 cert denied Byrnes v. US 119 Supreme Court 1275, 143 L.Ed.2d 369 “CA6 (Mich.) Obstruction of Justice statute proscribes subornation of perjury.”; In re Rochkind, 128 B.R. 520 Mich. 1991 “To use power of public office as judge to ruin another for personal gain plainly violates several provisions of the Code of Judicial Conduct Canons 1, 2, 3, 5; Such conduct may also constitute crime Canons 1-3, 5.”

[12] 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.”

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