PETITION FOR EXTRAORDINARY WRIT OF SUPERINTENDING CONTROL TO THE NEW MEXICO SUPREME COURT

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

NO. S-1-SC-39680

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

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

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

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

David Derringer,

Plaintiff-Petitioner,

V.

Defendants-Respondents,

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

EMERGENCY PETITION UNDER RULE NMRA 12-504 PETITION FOR WRIT OTHER EXTRAORDINARY SUPERINTENDING CONTROL FROM THE NEW MEXICO SUPREME COURT GROUNDS OF UNDERLYING PROVEN JUDICIAL CORRUPTION, DOMESTIC TERRORISM, OBSTRUCTION OF JUSTICE, GRAFT/EMBEZZLEMENT, PERJURY OF OATHS, AND TREASON AGAINST THE UNITED STATES OF AMERICA INVOLVING AID, FACILITATION, PROTECTION AND ACCELERATION OF THE FOREIGN INVASION OF THE MEXICAN NATIONAL SINALOA CARTEL, MS-13, LA LINA WITH ADDITIONAL FOREIGN INVADERS FROM OTHER COUNTRIES

COMES NOW the Petitioner David Derringer Pro-Se (hereinafter Derringer) with the EMERGENCY Petition for Superintending Control.

NMRA 12-504(B)(a) GROUNDS OF JURISDICTION OF THE SUPREME COURT

Jurisdiction is granted the NM Supreme Court under the NM CONSTITUTION ARTICLE VI (3) (32). The plain language of NM constitution Article VI Section 32 would enable as also “public record as judicial notice” for the NM Supreme Court’s mandates to peruse, examine and evaluate the egregious acts committed in all the above intertwined, related, arising in, arising under and inexplicably intertwined stated cases, and each totally related to the subject motives of NM Democratic voting fraud, administration and judicial and attorney pedophilia (debased NM elite above the law use of Sinaloa Cartel human trafficking of minor children), cocaine, methylamphetamine, fentanyl, and other controlled substances and illicit sexual deviants not “honorable” in judicial and administrative circles. Attorneys, state OSE employees, law enforcement, state agencies of the NMLB and likely “thousands” of other state employees are involved as well as multiple judges. An extraordinary writ issued by a superior court to any inferior court is to prevent the latter from usurping jurisdiction, denying Constitutional rights, blatant judicial and public corruption, and in this matter criminal treason against the United States of America assisting an invasion of Mexican National Sinaloa Cartel, is MANDATED by a competent “honorable” judiciary of the “court of last resort” in the State of New Mexico-The New Mexico Supreme Court. State ex rel. Harvey V. Medler, 1914 NMSC-055 17, 19 NM 252, 258, 142P 376, 378. “The power of superintending control is an extraordinary power. It is hampered by no specific rules or means for its exercise.” Albuquerque Gas and Electric Co. V. Curtis, 1938-NMSC-24 7 NM 234, 236, 89 P.2d 615, 616. “A Writ is appropriate when a remedy by appeal seems wholly inadequate…or where otherwise necessary to prevent irreparable mischief, great extraordinary hardship; costly delays and unusual burdens of expense.” State ex rel. Transcon Bus Service v. Carmody, 1949-NMSC-047, 23, 53 NM 367, 378, 208 P.2d 1073. Under supreme court's power of superintending control, refusal to act would cause irreparable mischief, exceptional hardship, undue burdens of expense or appeal would be grossly inadequate. State ex rel. SCC v. Zinn, 1963-NMSC-048, 72 N.M. 29, 380 P.2d 182. The New Mexico Supreme Court has noted that secrecy in litigation (sinister conspiratory ex-parte conferences and actual hearings in these matters) is at odds with Anglo-American tradition and that, “[t]he principle that justice cannot survive behind walls of silence has long been reflected in the ‘Anglo-American distrust for secret trials.” Twohig v. Blackmer, 121 N.M. 746, 749 (1996) (quoting Sheppard v. Maxwell, 384 U.S. 333, 349, (1966)). Thus, even in the preliminary stages of litigation a writ of superintending control is appropriate where necessary to correct a trial court’s unwarranted order allowing litigation to be conducted under a cloak of secrecy. See id. (Court issued writ of superintending control to vacate pre-trial district court order prohibiting litigation participants from making extrajudicial comments to any public media on substantive aspects of case); see also State ex rel. Townsend v. Court of Appeals, 78 N.M. 71, 74, 428 P.2d 473, 476 (1967) (Supreme Court may exercise power of superintending control “even when there is a remedy by appeal, where it is deemed to be in the public interest to settle the question involved at the earliest moment.”). Scope of mandated relief in emergency mandated since the NM Court of Appeals judges are “covering up” defying due process, jurisdiction and fundamental error in conspiracy with the Sinaloa Cartel involvement. The greatest atrocity against any American is to deceive and deny the Derringer Constitutional jury as all courts have done to stop public exposure of these matters: Scope. A superintending control order enforces the superintending control power of a court over lower courts or tribunals. (B) Policy Concerning Use. If another adequate remedy is available to the party seeking the order, a complaint for superintending control may not be filed. See subrule (D)(2), and MCR 7.101(A)(2), and 7.306(A). (C) Writs Superseded. A superintending control order replaces the writs of certiorari and prohibition and the writ of mandamus when directed to a lower court or tribunal. (D) Jurisdiction. (1) The Supreme Court, the Court of Appeals, and the circuit court have jurisdiction to issue superintending control orders to lower courts or tribunals.(2) When an appeal in the Supreme Court, the Court of Appeals or the circuit court is available, that method of review must be used. If superintending control is sought and an appeal is available, the complaint for superintending control must be dismissed. (E) Procedure for Superintending Control in Circuit Court. (1) Complaint. A person seeking superintending control in the circuit court must file a complaint with the court. Only the plaintiff's name may appear in the title of the action (for example, In re Smith). The plaintiff must serve a copy of the complaint on the court or tribunal over which superintending control is sought. If the superintending control action arises out of a particular action, a copy of the complaint must also be served on each other party to the proceeding in that court or tribunal.(2) Answer. Anyone served under subrule (E)(1) may file an answer within 21 days after the complaint is served.(3) Issuance of Order; Dismissal. (a) After the filing of a complaint and answer or, if no answer is filed, after expiration of the time for filing an answer, the court may (i) issue an order to show cause why the order requested should not be issued, (ii) issue the order requested, or (iii) dismiss the complaint. (b) If a need for immediate action is shown, the court may enter an order before an answer is filed.

NMRA 12-504(B)(b) THE CIRCUMSTANCES MAKING IT NECESSARY AND PROPER TO SEEK THE WRIT IN THE SUPREME COURT

This situation of the NM judiciary including the NM Court of Appeals are involved in sedition and treason against not only the State of New Mexico, but acts of “domestic terrorism” aimed at insurrection of the foundation of America and destruction of the entire integrity of the Judicial system of our Constitutional Republic form of Government under Article III of the US Constitution. "[A]n independent equitable action for relief from judgment may be employed to prevent manifest injustice." Id. at 863. Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238 (1944), and United States v. Beggerly, 524 U.S. 38 (1998). Judges Murphy 7th District Court, Judge Mercer 13th District Court, Judge Ortega 7th District Court, Judge Medina Ct. App. Judge Hanisee Ct. App. Judge Borgardus Ct. App. Judge Henderson Ct. App. all violate Constitution and all rule of law, perjured themselves to Oath, deprivation of rights under color of law-RICO-obstruction of justice under US Code Title 18 Sections 241, 242, 1503, 1505 and treason against the United States of America aiding, facilitating, protecting the invading Mexican National Sinaloa Cartel rustling Derringer horses, terrorism, hate crimes, racist crimes, drug and human trafficking. US Code Title 18 Chapter 15 Sections 2381, 2383. Attorneys Mackey, D’Antonio Jr., Quinones, Rasmussen, Lakins, Esq., Carlos Quinones, John D’Amato Jr., all do willful FRAUD ON THE COURT and violate all of NMRA 16-804 mandating disbarment, inclusive of all acts of horse rustling, treason, US Code Title 18 Sections 241, 242, 1503, 1505 and RICO. The NM Court of Appeals knowingly and maliciously intends to avoid law and jurisdiction to force the matter back before traitor Judge Ortega to “rig” the case for protection of the Cartel. The NM Court of Appeals simply ignores the New Mexico District Court Case: D-202-CV-2014-07755 for 7 years, ignores the Case D-727-CV-2021-00028 now placed before them and does falsification of the court record and FRAUD ON THE COURT themselves in New Mexico Court of Appeals No. A-1-CA-40690 to falsify 2nd District Court Case CV-2022-03437. Accordingly, since it is the rampant “Judges” that are corrupt and traitors to America rendering it mandatory to the New Mexico Supreme Court since the Petition and already FRAUD ON THE COURT by the NM Court of Appeals preclude the Petition from being made to some other court in the first instance. Fraud on the court in all these matters involve the Judges themselves and involve an unconscionable plan or scheme which is designed to improperly influence the court in its decision. Davenport Recycling Assocs. v. C.I.R., 220 F.3d 1255, 1262 (11th Cir. 2000) It has been found in these instances where the fraud vitiates the court's ability to reach an impartial disposition of the case before it. All judges “swear to God” under an oath [1] to protect the Constitution and obey all ‘rule of law’ wherein Canon, federal and state statutory laws, Rules, and case laws are mandated to be upheld despite politics or personal viewpoints. It will be clearly shown in this Petition that many judges in New Mexico are both traitors to the United States, liars under Oath, and the New Mexico public is forced to stand before domestic terrorists, drug addicts, pedophiles, alcoholics, wherein all of the judges mentioned and more (wherein there could even be sitting judges in the NM Supreme Court involved) that the judges are all guilty, but their fellow judges will cover for them. All acts herein presented against judges and attending attorneys are doing FRAUD ON THE COURT to deny due process, equal protection, acting without jurisdiction and judicial capacity, and ignoring “fundamental error”, deprivation of rights under color of law, to push an agenda in these particular matters to keep the invading Sinaloa Cartel happy so as to gain illegal Democrat voters, keep the cocaine and other controlled drugs flowing to the elite and judiciary, keep the minor children accessible to the pedophiles of judiciary and public service, and silence any citizen that exposes the debased corruption by destruction of their lives or “murder”. Fraud on the court should embrace that species of fraud which does or attempts to, subvert the integrity of the court itself, or is a fraud perpetrated by officers of the court) (citation omitted); Kerwit Med. Prods., Inc. v. N. & H. Instruments, Inc., 616 F.2d 833, 837 (11th Cir. 1980).; Griffin v. Breckenridge, 403 US 88 (1971); Chief Justice John Marshall acknowledged that a court may grant relief from judgment where a new matter "clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself before judgment.” Marine Ins. Co. of Alexandria v. Hodgson, 11 U.S. (7 Cranch) 332, 336 (1813).; 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.”; Simmons v. Conger, 86 F.3d 1080 “litigant to be entitled to relief from allegedly unconstitutional actions of a judge.” This corruption has been fought by Derringer in self defense and patriotism for America’s “Constitutional Republic” for thirty years wherein NM corruption has retaliated by destroying Derringer’s life. Derringer has no legal recourse but to continue to expose these and other unlawful activities until some element of the Government takes corrective action. Prei, Inc. v. Columbia Pictures 508 U.S. 49, 113 S.Ct. 1920, 1925, 123 L. Ed. 2d 611 (1993). New Mexico judges and administration of all government elected officials and employees are decidedly corrupt and against the citizens of the State of New Mexico being LAWBREAKERS and ABOVE THE LAW NON-ACCOUNTABLE. 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).

NMRA 12-504(B)(c) THE NAMES OF THE REAL PARTIES OF INTERESTS AND THE JUDGES THAT ARE TRAILTORS AND ACTING IN DISCHARGE OF OFFICIAL DUTIES TO PROTECT THE INVADING MEXICAN NATIONAL SINALOA CARTEL

Judges Murphy 7th District Court, Judge Mercer 13th District Court, Judge Ortega 7th District Court, Judge Medina Ct. App. Judge Hanisee Ct. App. Judge Borgardus Ct. App. Judge Henderson Ct. App. all violate Constitution and all rule of law, perjured themselves to Oath, deprivation of rights under color of law-RICO-obstruction of justice under US Code Title 18 Sections 241, 242, 1503, 1505 and treason against the United States of America aiding, facilitating, protecting the invading Mexican National Sinaloa Cartel rustling Derringer horses, terrorism, hate crimes, racist crimes, drug and human trafficking. US Code Title 18 Chapter 15 Sections 2381, 2383. Attorneys Mackey, D’Antonio Jr., Quinones, Rasmussen, Lakins, Esq., Carlos Quinones, John D’Amato Jr., are all involved in total violations of NMRA 16-804 and intertwined in the criminal acts, treason, RICO, and extreme FRAUD ON THE COURT.

NMRA 12-504(B)(d) GROUNDS ON WHICH THE PETITION IS BASED WITH FACTS AND LAW SUPPORTING

All intertwined cases and subject matter of cases in title have the commonality of FRAUD ON THE COURT, facilitation and protection of the invading Mexican National Sinaloa Cartel by treason, and working “in concert” of state players of public officials, judges, attorneys, and state agency employees working with foreign invaders of Sinaloa Cartel illegals, members, assassins, drug traffickers, human traffickers, and “mules”, with state employees mis-using tax money and illegal assistance with the Cartel in horse rustling, murder, burglaries, and multiple crimes. The matters involving Derringer stem from the original “inadvertent mistake” of Derringer/Nevitt (deceased wife Susan Nevitt and her deceased mother Norma Nevitt) purchasing the Derringer ranch at mile marker 21 ½ on NM Hwy 32, 20 miles South from Quemado, NM whereas unknowingly the neighbor Mick Chapel property on the N/NE fence line was the helicopter landing zone of the drug and human trafficking of the Sinaloa Cartel. Hence, all matters stem from the forced removal of Derringer and the further continual persecution and assassination attempts against Derringer for exposure of the known landing zones, distribution points, named persons involved “arising in” this entire matter with state employees, officials, agencies attacking Derringer as a “targeted individual” and then attacking, killing and mutilating the Derringer pets as a way to force Derringer from the State of New Mexico. On the Derringer ranch, Chapels killed over 150 Derringer animals in terrorism. On the Pajarito in Albuquerque State of NM et. a al. have stolen 190+ horses, terrorized and tried to murder Derringer with assault, burglaries and other continual crimes; all known and covered up by the NM judiciary. Texas American Oil Corp. v. US Dept of Energy, 44 F.3d 1557 “Traditional ‘arising under’ jurisdiction refers to jurisdiction of all issues in case whenever jurisdiction-directing issue is raised by well-pleaded complaint.”; Desjardin v. Albuquerque National Bank, 93 N.M. 89, 596 P.2d 858 (1979).; US v. Andreas, 39 F. Supp.2d 1048 ND Ill. 1998. These matters started with the unknowingly Derringer/Nevitt purchase of the Hwy. 32 Mile Marker 21 ½ west side 40-acre property hereinafter known as the “Derringer Ranch” wherein the purchase was to have a property with water for livestock and other purposes. Derringer had initially no idea that the neighboring N/NE property of Mick Chapel was the helicopter and small plane landing and drop zone of the invading Mexican Sinaloa Cartel, nor was initially aware that the Catron County Sheriff, Welborn, his son Clint Welborn (Catron and Socorro District Attorney), Sheriff Snider and most of the citizens of Catron County were involved in drug and human trafficking. Derringer was instantly attacked by the Chapels in domestic terrorism used to dislodge the Derringers to protect the drug landing zone. Attorney Thomas Fitch, involved in cocaine trafficking, was the attorney of former property owner Ray Eichner, but forged Eichner’s signature in betrayal on a quit claim deed to Chapels of frontage to Hwy. 32 so as to aid Chapels and the Cartel. When the terrorism did not dislodge the Derringers, Chapels sued the Derringers in abuse of process CV-94-10 claiming in fraud that the later proven OSE pre-1907 Declaration #02311 for surface irrigation precluded the claimed infringement by Derringer’s pre-existing numerous springs and 60-year historical stock ponds. Despite the collusion and connection with all, NM chose to award then “Judge” Thomas Fitch as the illegal judge of CV-94-10 to “rig” the case against Derringer to remove Derringer from the Sinaloa landing zone. Illegal Jury was held by Chapel’s proven drinking buddies of Reserve, NM and the OSE cooperated in fraud by perjury of OSE Albuquerque Manager Wayne Canon doing FRAUD ON THE COURT and his destruction of public records of the OSE of memorandums and well transfers to falsely claim that the aerial photograph of the Chapel property found in USDS forest records of 1935 [as exhibits throughout the litigations] shows the Chapel property being improved by irrigation and farming of 26 acres. (when the photo obviously shows the Chapel (former Daniel Armijo property, fraudulent filer of OSE Declaration No. 02311 in 1972 fraud) property in a “native state” 28 years after the fraudulent claim of pre-1907 irrigations rights of Declaration No. 02311. OSE attempted to block the mandated water hearing for Derringer’s Application 4615 & 4615 Amended forcing Derringer v. Turney et. al. Derringer won in NM Supreme Court No. 27,127 wherein the OSE still falsified the hearing to protect Chapels and the Sinaloa Cartel. Judge Fitch attempted the assassination of Derringer well documented in court record. Judge Pope then conducted an illegal foreclosure in CV-02-19 and then as assassination attempt with the Sinaloa Cartel and Sheriff Snider to attack Derringer on January 11, 2006 and NMSP used fraud pretense to protect Derringer in order to peacefully remove Derringer from his legal property for Chapel and the Sinaloa Cartel illegal and adverse possession of the Derringer ranch. Under OSE application Derringer had perfected his pre-1907 water rights for 60-acre feet of groundwater, then transferred into personal property in 2004. Mathers v. Texaco, Inc., 77 N.M. 239, 421 p.2d 771 (1966) “Rights severable and transferable. (NMSA 1978, 72-5-23) Wherein thus the OSE had no jurisdiction over the 4 Derringer wells. Chapel illegally claimed the wells for 15 years stealing 60-acre feet of Derringer groundwater each year and after suit D-727-CV-2021-00028, Judge Murphy colluded with Chapels ignoring their Default to assist Chapels steal ongoing another year and a half of Derringer’s legal groundwater in FRAUD ON THE COURT. Derringer made the connection of the gross Sinaloa Cartel to the NM Judiciary and administration personally witnessing Judge Fitch, Pope. OSE attorney DL Sanders and OSE Wayne Canon “snort” cocaine off their desks while in their “official capacity”. Derringer sued Chapels et. al. in D-727-CV-2021-00028 for water rights also exposing the mandate to return the Derringer real estate and stolen personal property and won by Default, with then corrupt Judge Murphy blocking any Judgment to protect Chapels and the Sinaloa Cartel landing zone. Derringer forced into Albuquerque Pajarito Mesa, the State of New Mexico et. al. then attacked Derringer stealing and killing Derringer horses saved from Derringer ranch in collusion of Cartel and NMLB wherein Derringer sued Darron Shawn Davis and the NMLB et. al. in D-1314-CV-2021-00541 Derringer v. Davis & Derringer v. State of New Mexico et. al. winning each suit by Default whereas Judge Mercer refused Judgment to block Derringer to protect the NMLB and Sinaloa Cartel. Derringer had previously sued Sinaloa Cartel member Benavidez Jr. in D-202-CV-2014-07755 with corrupt Judge Victor Lopez rigging the case in total violations of due process and taking five (5) notices of appeal before release of jurisdiction. The NM Ct. App. was mandated to reverse the case by fundamental error and uphold their own case law NM Ct. Appeals No. 29,853. To protect Sinaloa Cartel Benavidez Jr. the NM Ct. App. has ignored the appeal for now seven (7) years. Derringer then filed CV-2022-03437 with “RECUSED” Judge Ortega refusing to leave the case to protect the State of NM et. al. as all Defendants have Defaulted, 8 totally ignoring the suit and 6 doing FRAUD ON THE COURT. Mandating a Default judgment Derringer filed an interlocutory appeal New Mexico Court of Appeals No. A-1-CA-40690 whereas the NM Ct. App. lies and falsifies the record so as to avoid mandatory ruling on Default and jurisdiction and fundamental defect wherein the Derringer Emergency Motion of November 14, 2022 gives all evidence of judicial FRAUD ON THE COURT and sustains conviction of many for TREASON against the United States and threats to national security of RICO involvement with collusion and protection of the invasion of the Mexican National Sinaloa Cartel. Judge Ortega has orchestrated an assassination plot against Derringer wherein 4 attempts have been made. Note: this pleading is copied to the FBI, DOJ, DHS, DEA, US Congress, State of Texas, and media. All of these intertwined cases are directly the coalition of the State of New Mexico and judiciary, agencies, law enforcement, and domestic terrorist private parties working in concert with the Sinaloa Cartel in bribery, RICO Racketeering and absolute terrorism against targeted Derringer violating all US Constitution, Oath, NMRA, Canon, NM Statutory law, Federal criminal codes US Codes Title 18 Sections 241, 242, 1503, 1505, Chapter 115 Section 2381, 2383, RICO, US Constitution 14th Amendment Section 3, Amendments 4th, 5th, 8th, 9th, 13th, 14th, state and federal case laws, and legislated laws. Rule of Law Mandates of Judgements, and all requested Sanctions in all cases against Defendants, Judges, Attorneys separately throughout all pleadings that are UNCONTESTED. Replevin is mandated of all stolen Derringer real and personal property to include, but not limited to “real estate”, each of the stolen horses, stolen personal property, and extreme damages.

NMRA 12-504(B)(e) RELIEF SOUGHT IN BOTH REPLEVIN, SANCTIONS, PUNISHMENT, AND REDRESS

All of these matters have been legally won by David Derringer due to FRAUD ON THE COURT by attending Defendants, attorneys, judges and public officials ignoring presented tort claims to the State of New Mexico and the OSE of the same actions as Court suits. These matters of all intertwined cases are the outrageous public, juridical and law enforcement bribed RICO gain of public corruption working with private parties and invaders of America for personal gain and political power in insurrection to the United States as combined terrorists against National Security. Hence, as a matter of rule of law Derringer is to be granted the following:

New Mexico District Court Cases: 7th District Court: CV-94-10 and CV-02-19 are FRAUD ON THE COURT wherein the Derringer real property, water rights and all personal property on said real estate stolen in fraud must be returned with extreme damages and award of all sanctions stated throughout the entire litigation and awarded the tort claims against the State of New Mexico and OSE of their involvement. D-727-CV-2021-00028 has been won by Derringer in Default mandating award of all Counts and all amounts and sanctions.

New Mexico District Court Cases 13th District Court: D-1314-CV-2021-00541 -Derringer v. Davis & Derringer v. State of New Mexico et. al. both cases have been won by Derringer in Default whereas judgment is mandated for all counts in all amounts and all requested sanctions throughout the litigation.

New Mexico District Court Cases: 2nd District Court: D-202-CV-2014-07755 has been won by Derringer under rule of law NMSA 77-16-1 and NM Ct. App. Case law No. 29, 853 whereas the case must be reversed granting judgment for Derringer in all counts in all amounts and sanctions requested throughout the litigation. Derringer has won CV-2022-03437 by Default of all 14 parties, 8 by no response and 6 by FRAUD ON THE COURT making moot illegal responses, [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."}) wherein judgment is mandated for all counts and all amounts and all sanctions requested throughout the litigation. Derringer has won New Mexico Court of Appeals No. A-1-CA-40690 by the outrageous acts of FRAUD ON THE COURT and treason of the NM Ct. App. Judges wherein Derringer is to be awarded all sanctions claimed in the appeal and sustaining the win of the lower-case CV-2022-03437. Derringer is legally due all court costs and punishment and further sanctions in all cases been going on as FRAUD ON THE COURT since 1994 and wherein the NM Supreme Court has a duty to notify all authorities of FRAUD ON THE COURT, obstruction of justice, RICO, intimidation death plots against Derringer and treason against the United States under Canon. One of the essential elements of an independent action in equity is a showing of the absence of any adequate remedy at law. Bankers Mortgage Co. v. United States, 423 F.2d 73, 79 (5th Cir. 1970). The Supreme Court has further noted that an independent action in equity should be available only to prevent a grave miscarriage of justice. United States v. Beggerly, 524 U.S. 38, 47 (1998).

Respectfully submitted by ___________________________________________

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

NOTE: Derringer was granted free process in the NM Ct. App. A-1-CA-40690 that should follow for this Petition for Extraordinary Writ.

VERIFICATION

STATE OF NEW MEXICO )

) ss.

COUNTY OF BERNALILLO )

I, David Derringer, being first duly sworn, upon my oath state that I have knowledge and have read the foregoing Petition and know the contents thereof that I constructed, and that the statements contained therein are true to my knowledge, except for those statements made on affirmation and belief, which I believe are true.

_____________________________________________David Derringer

SUBSCRIBED AND SWORN to before me on December 14, 2022, by David Derringer.

(Seal)

My Commission Expires: __________________

__________________________________________________

NOTARY PUBLIC

CERTIFICATE OF SERVICE 12-14-2022

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

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

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

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

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

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

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

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

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

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

[1] Adamson v. C.I.R. CA9 1984, 745 F.2d 541; In re Williamson, 43 BR 813.