PETITIONER’S NOTICE OF EXTREME NEW MEXICO SUPREME COURT OBSTRUCTION OF JUSTICE

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

NO. S-1-SC-39680

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

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

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

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

David Derringer,

Plaintiff-Petitioner,

V.

Defendants-Respondents,

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

PETITIONER’S NOTICE OF EXTREME NEW MEXICO SUPREME COURT OBSTRUCTION OF JUSTICE, COUPLED WITH FRAUD ON THE COURT AND VIOLATIONS OF US CODE TITLES 18 SECTIONS 241, 242, 1503, 1505, RICO, TREASON US CODE TITLE 18 SECTIONS 115, SECTION 2381, 2383, WITH DELIBERATE AND WILLFUL OBSTRUCTION AND STONEWALLING FURTHER PURSUANCE OF JUSTICE TO BE SERVED BLOCKING MANDATED AND REQUESTED DELEGATION OF ALL 9 CASES TO THE US 10TH CIRCUIT DISTRICT COURT FOR THE STATE OF NEW MEXICO

COMES NOW the Petitioner David Derringer Pro-Se with his Notice of extreme obstruction of justice blocking all due process, equal protection with criminal acts of subversion and treason motives as defined in heading.

There are 9 state cases, all fundamentally intertwined with the subversive motives of the New Mexico State and various agencies as a party coupled and in collusion with the foreign invasion of the Mexican National Sinaloa cartel with all NM State officials, Judges, Justices and state employees acting in concert facilitation of the take-over of America by a Communist dictatorship by the Democrat Party. This in New Mexico consists of deliberately keeping southern borders of New Mexico/Mexico totally open to allow foreign subversives to infiltrate New Mexico doing drug trafficking, automatic weapon trafficking and human trafficking by vast bribery of New Mexico state officials, politicians, law enforcement, Judges, Justices and use of terrorism against NM citizens without constraint or accountability due to bribery paid protection from the NM Judiciary. These matters are compounded by the total corruption of the NM Executory and Judicial branches of NM government as well as likely many in the Legislative branch. The effect against NM citizens is so extreme that law enforcement defies such mandated citizen protection legislated statutes such as NMSA 29-1-1 and 29-1-2, and wherein the Judiciary totally violates all Constitutional provisions of due process and equal protection as defined by the Constitution 4th, 5th, 8th, 9th, 10th, 13th and 14th Amendments and subjects litigants to deliberate rigging of cases against all rights without hearings, without mandated jury, holds ex-parte hearings and defiance of all Constitution, US Code, NM Statutory law, all federal and states’ case laws and simply makes rulings to protect the Sinaloa Cartel exploiting and killing Americans with fentanyl and other controlled substances. The NM Judges, Justices and NM State officials and others in complicit conspiracy are all involved in cocaine use and judicial addictions of same with rampant pedophilia of rape and grooming of minors and other debased corruption so as to aid, abet and facilitate the crimes of the Sinaloa Cartel in New Mexico. In these 9 cases of the Plaintiff/Petitioner Derringer, it is undeniably proven that the Judiciary worked in concert in total fraud on the court to steal Derringer’s real property, keep that property in adverse possession for 18 years, stealing all personal property, stealing Pre-1907 ground water rights and billions of gallons of Derringer’s groundwater, attacked Derringer in vast multiple assault, burglaries, larceny of now well over 200 horses worth millions, continually stealing vast personal property, and all protected in fraud and deprivation of all rights by the State of New Mexico and New Mexico Judiciary. Derringer has undeniably won all 9 cases by DEFAULT of all Defendants, which include Sinaloa Cartel members and mules, some which are illegal alien invaders and mules of American domestic terrorists, State of New Mexico and multiple agencies including many law enforcements, and Judges, Justices and attending attorneys. By rigging the cases against all rule of law, coupled with simply ignoring the cases’ resolution and redress, the NM Judiciary has simply ignored thus denied proven DEFAULT judgments against all 30+ Defendants so as to protect the State of New Mexico total liability and protect the Sinaloa Cartel providing the public corruption drugs, trafficked minor children to rape and exploit and other debased activity. These 9 cases now rest in the New Mexico Supreme Court with total blockage in criminal obstruction of justice by the Justices therein, all of which are convinceably bribed by the Sinaloa Cartel to provide protection of all criminal activities without any accountability either by law enforcement or liability in civil suit. A long-standing matter is one pending case, D-202-CV-2014-07755 before the NM Court of Appeals, wherein mandated to be reversed for Judgment for Derringer both under NMSA 77-16-1 (fence them out) and NM Ct. Appeals own affirming case law, and the underlying extreme violations of deprivations of all due process and equal protection by Judge Victor Lopez. In order not to rule against the Defendants in that case of Defendants Benavidez’ Sinaloa Cartel members, the NM Ct. App. has willfully and deliberately simply ignored this case for now 9 (nine) years. Derringer has totally exposed the massive public corruption and treason of the 9 cases intertwined with the bribery of New Mexico and Judiciary and all in conspiracy. The New Mexico Supreme Court has now done the same ploy as the NM Ct. App. in ignoring the 9 cases, [1] wherein since the New Mexico Supreme Court itself has done distortion of court records, attempted rigging and collusion with their own and underlying FRAUD ON THE COURT by underlying attorneys, whereas the New Mexico Supreme Court has violated rule of law taking away all jurisdiction and judicial capacity of the NMSC. Kerwit Med. Prods., Inc. v. N. & H. Instruments, Inc., 616 F.2d 833, 837 (11th Cir. 1980). Hence, Derringer has already demanded twice of the New Mexico Supreme Court to the mandated jurisdiction of all 9 court records and matters to be immediately delegate to the US Federal 10th Circuit District Court for the District of New Mexico in jurisdiction of federal questions, violation of all Constitution and many other abilities to take jurisdiction of all 9 cases from the public corruption and treason of the NM judiciary in cahoots with the foreign invading Mexican National Sinaloa Cartel. This involves $ Billions of dollars due Derringer in DEFAULT judgments, punishment and penalties, sanctions against Defendants, Judges, Justices, attorneys, tort claims of all 9 cases in all counts and requested amounts and any and all other mandated replevin, restoration, return of stolen horse animals, and such other and extreme relief to stop the instant corruption as well as deter future such corruption. Marine Ins. Co. of Alexandria v. Hodgson, 11 U.S. (7 Cranch) 332, 336 (1813). The New Mexico Supreme Court, having lost all jurisdiction and judicial capacity cannot make any substantive rulings, but is mandated to delegate all matters to the Federal courts. Under Federal law, when any court has committed "fraud on the court," the orders and judgment of that court are void, of no legal force or effect. Stonger, 776 N.E.2d at 357. Greiner v. City of Champlin, 152 F.3d 787, 789 (8th Cir. 1998) (citation omitted). "Proof of the scheme, and of its complete success up to date, is conclusive." In these matters intertwined of all 9 cases involving the underlying protection of the invading Sinaloa Cartel “AGAINST DERRINGER”. Hazel-Atlas, 322 U.S. at 246.

One of the subthemes in the delegation concerns the importance of judicial review. The Supreme Court has often upheld broad delegations to administrative actors and in so doing has pointed out that judicial review is available to safeguard citizens from the abuse of unconstrained government power.' Broad delegations of power to executive actors are constitutionally permissible, the Court has suggested, in significant part because courts stand ready to assure citizens that the executive will discharge its discretion in a manner consistent with Congress's mandate and in a fashion that otherwise satisfies the requirements of reasoned decision making. Am. Power & Light Co. v. SEC, 329 U.S. 90, 105 (1946); Yakus v. United States, 321 U.S. 414, 426 (1944). Judicial review is available to make sure that courts follow the rule of law. Kenneth Culp Davis, A New Approach to Delegation, 36 U. CHI. L. REV. 713, 729 (1969); see also Lisa Schultz Bressman, Schechter Poultry at the Millennium: A Delegation Doctrine for the Administrative State, 109 YALE L.J. 1399, 1425-26 (2000). These 9 cases involve extreme bias, prejudice, treason, deprivation of rights criminal obstruction of justice with purposeful delay and blockage to achieve “justice” in a fair and equitable court, by the New Mexico Supreme Court deliberately “refusing” to delegate all 9 cases with substantive matters to the 10th Circuit Federal Court for Justice to be served. 28 U.S.C. § 1491 (a)(1) (2006) (conferring jurisdiction "to render judgment upon any claim against the United States founded... upon the Constitution"). In these matters, the State of New Mexico Defendant and all Judges and Justices have exceeded statutory and Constitutional authority to block the 9 cases already in default so as to protect a foreign invasion Sinaloa Cartel to “perform” under bribery likely with consequences of failure to perform. Dalton v. Specter, 511 U.S. 462, 474 (1994). In Dalton, the Court reaffirmed its decision in Franklin v. Massachusetts, 505 U.S. 788 (1992), which held that actions taken by authorities can be reviewed for constitutional violations. Every claim in Derringer’s 9 cases revolve around NM and all NM Judiciary exceeded authority, oath, Constitution, in criminal acts of subversion and treason against America to rig and defeat Derringer in every case wherein DEFAULT of all Defendants is undeniable mandating justice to be served. Every Derringer claim should be considered a “Constitutional claim” wherein the exception identified in Franklin would be broadened beyond recognition." 511 U.S. at 474. It is absolutely MANDATED that the NM Supreme Court Order “delegation” for JUSTICE TO BE SERVED all matters before this Supreme Court (including the Petition for Writ of Certiorari against the NM Court of Appeals, filed by Derringer and summarily ignored by the Supreme Court) to a higher court of jurisdiction; that court being the Federal United States 10th Circuit District Court for the District of New Mexico. Absolutely, no AMERICAN litigant can be forced and subjected to deprivation of all rights by RICO, obstruction of justice, and criminal violations of US Code Title 18 Sections 241 and 242 and other forced slavery and involuntary servitude to Judges and Justices of New Mexico as proven domestic terrorists and complicit in protection, aid, facilitation and falsification of the court records to defeat the entire judiciary under the US Constitution Article III by violations of the 5th, 8th and 14th Amendments against Derringer.

One will see, the Supreme Court now attempts to deny justice by simply ignoring the mandate to delegate to a federal court in a cover-up as a way to manipulate and rig the multiple cases against an American and NM citizen in FRAUD ON THE COURT to destroy DUE PROCESS AND EQUAL PROTECTION guaranteed by the US and NM Constitutions. In the U.S. Constitution, the phrase "due process" appears twice: in the Fifth Amendment and in the Fourteenth Amendment. Both Amendments guarantee due process when someone is denied "life, liberty, or property." Under NMRA 1-001 These rules govern the procedure in the District Courts of New Mexico in all suits of a Civil nature. These rules shall be construed and administered go secure the just, speedy and inexpensive determination of every actions. NOTE: THERE IS NO MENTION OF RULES DENYING DUE PROCESS AND EQUAL PROTECTION. New Mexico Constitution Article II. Section 18 [Due process; Equal Protection] “No person shall be deprived of life, liberty or property without the due process of law; nor shall any person be denied equal protection of the laws.” These matters (now 9 explicit cases of denial and deprivation of blatant criminal abuses by both the Judges, Justices, and representing (some illegally) of all fair and impartial due process is proven undeniably in all 9 case pleadings, as well as proven FRAUD ON THE COURT by even all judiciary due to Sinaloa Cartel bribery for absolute “protection”. Under no circumstances is Derringer to be forced to be deprived due process and equal protection by simply ignoring the cases until the future death of a Plaintiff. Derringer is assured under Constitution enabled to achieve “justice” of the God-given and Constitutionally secured rights of due process and equal protection. 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. The Conspiracy in all the above now nine (9) cases involve a concerted effort of NM State, NM State agencies, NM Judiciary, private parties, and the invading enemies of America working all in collusion to deprive Derringer all rights under Constitution and “rig” any and all valid causes of actions filed by Derringer to abject defeat by the tyranny and oppression of “judicial terrorism”.

Accordingly, it is legally mandated for the New Mexico Supreme Court to instantly, without further delay delegate all 9 cases of heading with all juridical records of each case to the Federal US 10th Circuit District Court for the District of New Mexico for justice to be served.

Respectfully submitted by ___________________________________________

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

CERTIFICATE OF SERVICE 3-21-2023

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

I hereby certify that I sent a copy of this Pleading to the US 10th Circuit District Court for the District of New Mexico Pete V. Domenici U.S. Courthouse 333 Lomas Blvd NW Albuquerque, NM 87102

CERTIFICATE OF SERVICE to attorneys stated in web site.

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

[1] "Unjustifiable delay in court proceedings, particularly in deciding cases, can have a significant impact on the parties and reflects adversely on the judicial system. Under Canon 3B(8)of the 1990 model code, a judge is required to "dispose of all judicial matters promptly, efficiently and fairly." Commentary to the 1990 model code reminds judges that "in disposing of matters promptly, efficiently and fairly, a judge must demonstrate due regard for the rights of the parties to be heard," while a comment to the 2007 model code cautions that "the duty to hear all proceedings with patience and courtesy is not inconsistent with the duty imposed . . . to dispose promptly of the business of the court. Judges can be efficient and businesslike while being patient and deliberate." William O. Douglas in Parker v Ellis dissenting opinion and citing Mitchell v. Overman, 103 U.S. 62, 26 L.Ed. 369, 103 U.S. at pages 64–6. An Article III court can grant relief where the "equity of the applicant [is] free from doubt," and where a judgment "would be against conscience for the person who has obtained it to avail himself." Id. at 337 (emphasis supplied).