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SINALOA CARTEL BENJAMIN BENAVIDEZ JR. COVERUP STEALING 252+ HORSES WITH THE HELP OF THE NMLB

STATE OF NEW MEXICO

BERNALILLO COUNTY

SECOND JUDICIAL DISTRICT COURT

CV-2023-05227

David Derringer,

Plaintiff,

V.

Defendants,


COMES NOW the Plaintiff, David Derringer, (hereinafter “Plaintiff”) representing himself Pro-Se with his Response in Opposition to Benjamin Benavidez Jr’s Motion to Strike and Dismiss Plaintiff’s Complaint with prejudice

Plaintiff’s extreme opposition to I.

Defendant Benjamin Benavidez Jr. initiates this fraudulent Motion with the fraud and audacity to falsely believe with his unethical attorney that they can simply dupe the court to entirely [1] dismiss the valid complaint cause of action in which guaranteed relief can be granted. Plaintiff Derringer has filed a lawful Complaint under due process and equal protection of the 5th and 14th Amendments of the US and NM State Constitutions. Defendant Benjamin Benavidez Jr. and his unethical attorney D’Amato Jr. come in fraud on the court with “unclean hands” wherein such doctrine alone will defeat this fraudulent Motion, and sustain the Plaintiff’s valid Complaint. Defendant whines to the court that Derringer’s Complaint “is laced with scandalous, repugnant and libelous statements” apparently attempting to dupe this court that the admitted by confession horse thief and member of the invading Mexican National Sinaloa Cartel member that kills [Exhibit 1] Derringer horses and helps butcher one week old baby filly is a “reputable person” [Exhibit 2]. The Court can take Judicial Notice of D-202-CV-2014-07755 wherein the Defendant Benavidez Jr. in Answer of January 15, 2015 stated he had stolen 2 Derringer horses and used his own truck and horse trailer to transport the stolen property across a County line to the felon horse thief Dennis Chavez to sell stolen horses where Dennis Chavez is a good friend of the Benavidez also part of the Mexican Sinaloa Cartel. The Court should indeed take Judicial Notice of CV-2022-03437 wherein this court will take notice on the docket that the unethical Judge Ortega was “recused” on record, but refused to step down, and proven help illegal hearings without jurisdiction or judicial capacity, held illegal hearings with the jurisdiction was in higher courts, held illegal hearings ex-parte without the presence of the Plaintiff, covered up protecting the Defendants and exhibiting vast real and circumstantial evidence of being bribed by the Mexican Sinaloa Cartel to facilitate the cocaine to Judges, minor children to the elite politicians, Judges, and officials in New Mexico supported by the same treason to overthrow the United States Article III judiciary by public corruption. Indeed, see the vast corruption exposed in CV-2022-03437 and then under the 1st Amendment and NMRA 1-090 realize Derringer has a fundamental right to speak the “truth” and moreover a duty under NMRA 1-090 to disclose the truth to a court of law. So as Derringer having over 100 photographs showing Benavidez stealing Derringer horses by larceny NMSA 30-16-1, locking them in the perimeter fence of the Santolina deprived ability to return home to Derringer on the Pajarito and to water as criminal abuse of animals NMSA 30-18-1 [Exhibits 3] and wherein Benavidez Jr. admitted in court record to horse rustling stealing in larceny, transporting stolen property, selling stolen horses to felon Dennis Chavez, and then has the audacity to complain to this court of “scandalous, repugnant and libelous statements” to try to cover up the horse rustling now of Benavidez Jr. stealing over 252+ Derringer horses, by actually putting horses he does not own in permanent pens with INTENT so as to easier load in trailers [Exhibits 4]. Benavidez Jr. and all of his ranch employees have been caught red handed assisting the NMLB Justin Gray steal 13+ Derringer horses in proven fraud, falsification of reports, falsification of criminal Complaints against Derringer and extreme public corruption and treason. [Exhibit 5]. This court has a duty to act, (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.”) wherein since Derringer filed this suit, its proven the Benavidez Jr. has stolen 9 more Derringer horses in revenge, retaliation and retribution of the filing, making such acts intimidation and obstruction of justice. The fraud frivolous diatribe, misleading statement, mis-information and constant “woke” victimization claims are endless starting at #1 through #23 of the same lies and fraud diatribe regurgitation, including any possible ways claimed by Benavidez Jr. to stop the valid Derringer litigation, including actually asking the Court defile Judge Oath, and to deny Derringer’s Constitutional rights of due process and equal protection under the 5th and 14th Amendments; all to attempt to dupe this court that Benavidez Jr. is some Angel from Heaven and not the vile, evil, Sinaloa Cartel beast that steals and butchers horses, wherein as Benavidez already admitted to being a horse rustler thief, Derringer notably calls the “beast a beast” wherein the photographs exhibits herein confirm the titles are appropriate with a vile non-human that would kill a baby horse while alive and screaming skinning her rib cage, cutting off her right front leg and ripping out her heart, witnessed by Sharon Davis that will be presented to testify in a court of law. The Court should take several extreme looks at [Exhibit 2] and see the work of “Satan’s Beast”. The Complaint is valid factual, and states a claim upon which relief can be granted.

Plaintiff’s extreme opposition to II.

Plaintiff’s Complaint cannot be dismissed under laws of due process and equal protection 5th and 14th Amendments, and wherein Benavidez Jr. has facilitated and aided the Sinaloa Cartel in domestic terrorism against Derringer, and aided the NMLB steal Derringer horses by assisting denial of the 4th Amendment for Derringer to be “secure” in his life, property and effects. Wherein Benavidez Jr. falsified reports in criminal act under NMSA 30-39-1, aided falsification in criminal acts under penal code 118.1 and acted in treason doing RICO racketeering acts with the invading Mexican National Sinaloa Cartel in treason against the United States. Benavidez was sent certified mail Complaint that he refused to accept, so then he was personally hand delivered the Complaint as filed with notarized server with the Court. Now Benavidez Jr. lies to the Court he was not properly served. The Complaint states with very explicit statements to give the Defendants extreme particularity of what is claimed against them.

Plaintiff’s extreme opposition to III (mislabeled as II)

Complaint and Summons were properly served. Benavidez was sent certified mail Complaint that he refused to accept, so then he was personally hand delivered the Complaint as filed with notarized server with the Court. Now Benavidez Jr. lies to the Court he was not properly served.

Plaintiff’s extreme opposition to IV (mislabeled as III)

Plaintiff complies with Rule 8 entirely, and is dutifully bound to explain and make more definite Complaint statements as extreme fraud is claimed by the Plaintiff necessitating more detail in the Complaint. Plaintiff has stated explicitly a claim for which relief can be granted. Burton v. Richmond, 276 F.3d 973, 975 (8th Cir. 2002) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957). Under Rule 12(b)(6), the averments of a plaintiff’s pleading are assumed to be true, and the court may not dismiss the plaintiff’s claim “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.”

Benavidez Jr. has worked with the invading Sinaloa Cartel in horse rustling RICO racketeering, worked is concert with state officials and agencies in corruption, embezzlement, larceny, bribery, coercion, conspiracy and federal acts of obstruction and intimidation against Derringer to stop legal court action, including just asking in the instant pleading to defile law and bribe this judge to Order Derringer not to be able to use a court of law for redress. The 5th and 14th Amendment states otherwise. The “asking” of defiling Derringer’s rights is FRAUD ON THE COURT. Fraud on the court should embrace only that species of fraud which does or attempts to, subvert the integrity of the court itself, or is a fraud perpetrated by officers of the court) (citation omitted); Kerwit Med. Prods., Inc. v. N. & H. Instruments, Inc., 616 F.2d 833, 837 (11th Cir. 1980). ; Fraud on the court must 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) (alleged fraud on tax court). It has been found only in those instances where the fraud vitiates the court's ability to reach an impartial disposition of the case before it. Id. Benavidez Jr. works with the corruption of the State agencies of NM promoting, facilitating and protecting the vile corruption entertwined directly with the Sinaloa Cartel, Benavidez Jr. being a private actor working with state actors in RICO and corruption. Cordova v. Vaughn Mun. School Dist. Bd. Of Educ. 3 F. Supp.2d 1216 “Private party is “willful participant” in joint action with state or its agents, permitting finding of liability under 1983 for actions jointly taken, where state officials and private party act in concert in effecting particular deprivation of constitutional rights." Since Benavidez Jr. has illegal human trafficked persons on his property, rustles horses to be taken to Mexico butchered for meat in RICO efforts by the Sinaloa Cartel and is embedded in the trafficking and deep in the conspiracy where all members are tied to all acts. U.S. v. Pedreza 27 F.3d 1515 cert denied 115 Supreme Court 347, 513 U.S. 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.”; U.S. v. Troutman, 814 F.2d 1428 “Once conspiracy is established, only slight evidence is required to connect co-conspirator, and acts attributable to any member of conspiracy are attributable to all members.”

Plaintiff’s extreme opposition to VI (mislabeled as V)

Plaintiff’s Complaint meets all standards of court rules, wherein Benavidez Jr. does not file a Motion to Dismiss but filed a Motion to Strike the entire Complaint, yet regurgitates a diatribe of various rules to notably confuse the court with a jumble of case law and rules that Benavidez Jr. is not motioning the court on each. Such incoherent jumble of rules, all complied with by the plaintiff is to overwhelm and confuse the court in a fraud that does, or at least attempts to, "defile the court itself," or that is perpetrated by officers of the court "so that the judicial machinery cannot perform in the usual manner its impartial task of adjudicating cases." Moore's Federal Practice 3d ¶ 60.21[4][a] (3d ed. 2003). Thus, a "fraud on the court" is a fraud designed not simply to cheat an opposing litigant, but to "corrupt the judicial process" or "subvert the integrity of the court." Oxxford Clothes XX, Inc. v. Expeditors Int'l, Inc., 127 F.3d 574, 578 (7th Cir. 1997); Pumphrey v. K.W. Thompson Tool Co., 62 F.3d 1128, 1131 (9th Cir. 1995) (citation omitted); Transaero, Inc. v. La Fuerza Area Boliviana, 24 F.3d 457, 460 (2d Cir. 1994). It is marked by an "unconscionable plan or scheme which is designed to improperly influence the court in its decisions,"

Plaintiff’s extreme opposition to VII (mislabeled as VI)

Plaintiff is the victim of extreme and various torts performed exclusively by Defendant Benavidez Jr., in collusion with the Sinaloa Cartel making a victim of Derringer in torts, in collusion with public corruption of the State of New Mexico, particularly the NMLB, NMSP, BCSO, VCSO and other conspiracies of RICO racketeering of state officials working with private party participants Benavidez Jr. SEE [Exhibit 5] Accordingly, Derringer has standing as a US Citizen to bring a legal cause of action in which relief can be granted under the provisions of the 4th, 5th and 14th Amendments. US v. Guest, US Ga. 1966, 86 S.Ct. 1170, 383 US 745, 16 L.Ed.2d 239 “This section (Title 18 Section 241) pertaining to conspiracy against rights of citizens encompasses due process and equal protection clauses of USCA Constitution Amendment 14 and is not unconstitutionally vague.”. 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.” Benavidez Jr. deprives Derringer life by intimidation and domestic terrorism, deprives liberty by domestic terrorism and false reports, deprives property stealing 252+ Derringer horses. Section 4 [Inherent rights] “All persons are born equally free, and have certain natural, inherent, and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of seeking and obtaining safety and happiness.”

Plaintiff’s extreme opposition to VIII (mislabeled as VII)

The Complaint states a full claim of tort of action for unjust enrichment. Photographs as exhibits herein show positive proof of Benavidez locking up and larceny of Derringer horses. Each horse is a felony of larceny and abuse of animals. Benafidez Jr. has personally stolen 252 + Derringer horses aided and working also with the Sinaloa Cartel members and defined other members are Hector Cabrera, Petra LLC, Dennis Chavez, Muir Pedro, Francisco “Cisco” Lovato, Isaas Compos, Manuel Monte, Justin Gray, Isidro Ruiz Saenz, Darron Shawn Davis, Sharon Davis, Ignacio Ricardo Sanchez, “Gypsy”, Daniel Valdez, Ramon Manquero, Patrick Calderon, A. B. Swanson, Andres Majalca, Christopher Sena., and many illegal aliens and citizen mules working for each; all of these known of and wherein all of the named Defendants are in conspiracy and collusion with each, or some of the named Defendants are intertwined so as all Defendants in conspiracy are also tied in liability and wherein all are protected and known and in CONSPIRACY with come corrupt state employees of the agencies of the BCSOO and NMLB.

Each Derringer horse is a “trade tool” of Derringer as professional outfitter #32 in New Mexico where horses are used for breeding with each mare capable of 25 offspring in the normal life of a horse of 32 years. Stallion breeding fees of extreme numbers, trail rides at $60 per hour, training seminars, hunts, kid rides, pack trips, and extreme other uses making each horse worth well over $100,000.00 in their 32 year lifetime. Benavidez Jr. has stolen 252+ horses X (times) $100,000.00 per horse = $25,200,000.00. $ unjust enrichment of $ twenty five million, two hundred thousand dollars of Benevidez Jr. horse rustling.

Plaintiff’s extreme opposition to IX (mislabeled as VIII)

Injunction is mandated in an attempt to mitigate the extreme horse larceny of Benavidez Jr. already stealing $ unjust enrichment of $ twenty five million, two hundred thousand dollars of Benevidez Jr. horse rustling.

  1. Benavidez Jr. is a horse thief admitted in court pleading as a proven character of a criminal, with father Benjamin Benavidez “the elder” having felonies of horse rustling, best friend Dennis Chavez felonies of horse rustling.

  2. Some relief of mandated distance Benavidez Jr. will have to stay away from Derringer horses.

  3. Stop the Democrat assistance of Communism facilitation of the invasion of the Mexican National Sinaloa Cartel as third party terrorists.

  4. Enforcing the injunction mandates defunding the NMLB where they are assisting the horse rustling and default in duties of NMSA 29-1-1 and29-1-2.

  5. The likely hardship of Benavidez Jr. depriving his RICO racketeering or mandated Benavidez Jr. incarceration under NMSA 77-9-22(F) of 252 Counts of horse larceny, 252 Counts of abuse of animals and multiple other criminal acts state and federal.

Clearly, Derringer’s entire life has been ruined by the Benavidez Jr. and his proven connections to the Sinalao Cartel and NM public corruption. SEE [Exhibit 5] .

Plaintiff’s extreme opposition to X (mislabeled as IX)

Replevin is mandated to replace 252+ horses stolen by Benavidez Jr. including expertly trained Derringer “working herd” of 32 horses trained to ride, drive, pack, rope, cutting and others jumping and jousting.






with the same in and in fraud Motion to Strike this Defendant’s Motion and grant sanctions for the Plaintiff in monumental amounts due to FRAUD ON THE COURT, and justify immediate permanent disbarment of attorney D’Amato Jr.. Defendant Benjamin Benavidez Jr. and his unethical attorney D’Amato Jr. come to this court in criminal fraud, false pretenses, delay of litigation, improper purposes under NMRA 1-011 and cover up of RICO Racketeering and assistance in conspiracy with the Mexican Sinaloa Cartel, supplying cocaine to NM Judges and trafficked under age children to the rampant judicial and political powers in NM as “pedophiles”. Attorney D’Amato Jr. “has knowledge” of matters “arising under”, “arising in” this case inexplicably intertwined, matters appurtenant to and overwhelmingly “related to” this case as “core” matters of former fraud on the court and criminal RICO that cannot be ignored by this court in this matter. The former fraud on the court continued in this case by the same state actors, the same collusion private parties and the same exact attorney D’Amato Jr. that did previous fraud on the court for the criminal Defendant Benjamin Benavidez Jr. in 2014, that was a private past party directly related to this case as a private party Mexican Cartel member. Another Cartel member identified in this Plaintiff’s COMPLAINT is the current Mexican Cartel member of this suit Francisco “Cisco” Lovato also of the NMLB which assisted Defendant Benjamin Benavidez Jr. and his father Benjamin Benavidez The Elder in former Case No. D-202-CV-2014-07755 of felonious horse larceny, then 2, now 27+ in cahoots with the then NMLB inspector Randal Riley force Plaintiff Derringer to pay $60 ransom and extortion to recover the 2 Derringer horses from now Dennis Chavez et. al. Defendants that Benavidez(s) admittedly stole from Derringer. The doctrine of ‘unclean hands’ of the stated Defendant here and the unethical attorney D’Amato Jr. both bar this document as mandated to strike as well as sustain each of the attending Plaintiff’s Motions of this pleading before the Court.























Motion for Default Judgement of legal sustenance mandating the granting all Counts in all amounts requested against the Defendants and requested additional extreme punishment, exemplary damages and relief at the discretion of the Judge regarding treason against the United States by NM employees and citizen domestic terrorists. The matter, as stated in well pleaded and detailed Complaint sustains wherein all Defendants are in collusion with the invading Mexican National Sinaloa Cartel, not only doing the extreme damages to the Plaintiff of stealing horses and constant criminal attacks against Derringer, but aiding, abetting, facilitating the Sinaloa Cartel New Mexico operations in drug trafficking, human trafficking, pedophilia, prostitution, weapons trafficking, using NM as a “headquarters” of US entry, and as a NM base of total crime. The Defendants’, in Cartel collusion have the direct effect of killing United States citizens with massive fentanyl, and other extreme crimes beyond the extreme horse rustling against Plaintiff Derringer, as an extreme threat to national security, assistance in killing Americans nationwide as sedition, treason, sabotage of America conducted by American citizen traitors as “domestic terrorists” working in concert with foreign terrorists. It is outrageous and extreme that the “citizens” of Defendants Justin Gray, Manuel Monte, Benjamin Benavidez and Benavidez Ranch illegals as employees aid the Sinaloa Cartel, but gross insanity for the New Mexico State agency of the New Mexico Livestock Board and ALL such employees attend the subversion of the United States using tax dollars and badges of authority as the very agency established and designed to protect farmers and ranchers against the horse and livestock rustling and killing, now being the very agency of treason and protection of the invading Mexican National Sinaloa Cartel, knowing each cartel member and mis-using power as only clothed in robes of Gestapo authority with badges to arrest and harass US citizen ranchers, as Plaintiff Derringer, to assist the Cartel stealing horses. 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.” With full “knowledge” the NMLB simply turns a blind eye to the corruption, treason and carnage against Americans. A governmental entity and its law enforcement officers may be held liable, after receiving notice, for negligently failing to take adequate action to protect a citizen from imminent danger and injury because of failure to adopt proper procedures for responding to and investigating a reported criminal act. Schear v. Board of Cnty. Comm'rs, 1984-NMSC-079, 101 N.M. 671, 687 P.2d 728.

In this matter, proper legal service was sustained in one package to the proper address of 2105 Osuna Rd. Building South, Albuquerque, New Mexico 87113 wherein at this address ALL Defendants New Mexico Livestock Board, Officer Manuel Monte, Officer Justin Gray, Manuel Monte (as an individual NM citizen precluded attorney representation by use of NM tax dollar fee payment), Justin Gray (as an individual NM citizen precluded attorney representation by use of NM tax dollar fee payment) could be found and properly notified of the instant suit, wherein the one package delivered contained 5 copies of the Complaint with 5 individual summons attached to each Complaint with each Defendant individually notified by specific individual summons in each name. Hence, as the package was delivered Certified return receipt mail with a signature of receivership of “Jerry Miccer” [Exhibits 1 and 2] there can be no legal doubt that all Defendants New Mexico Livestock Board, Officer Manuel Monte, Officer Justin Gray, Manuel Monte (as an individual NM citizen precluded attorney representation by use of NM tax dollar fee payment), Justin Gray (as an individual NM citizen precluded attorney representation by use of NM tax dollar fee payment) were legally served on July 7, 2023 as noted on the return receipt wherein each of these Defendants had only 30 days to respond by either dispositive Motion or Answer to the Complaint by either entry of appearance by counsel or active Pro-Se representation. As of this date of August 9th, 2023 there has neither been no legal entry of appearance from any representing attorney nor any response whatsoever in the form of any dispositive Motion or Answer, leaving all these named Defendants in absolute Default. To further confirm delivery Plaintiff Derringer attained a USPS printout of the Delivered package of the 5 Complaints with 5 individual summonses as [Exhibit 3] leaving no doubt of the court all Defendants were properly served.

These named Defendants made no legal attempt to timely or otherwise respond in any manner to the Filed Complaint, whereas they filed no Answer, no dispositive motion and no attorney filed any entry of appearance on their behalf. Clearly, the Plaintiff is representing himself Pro-Se so that each and every one of these named Defendants could have make some effort to respond in some manner and have not. Citizens Nat’l Bank v. Davisson, 229 US 212, 33 S. Ct. 625, 57 L. Ed. 1153 (1913). Accordingly, it is proper for a sua sponte Default Judgment from the court wherein the Judge has no legal means to grant any extension of time for additional due process, cannot change in any way the requested amount of Judgment requested in the Complaint or allow any default judgment to be set aside for no reason stated, no answer and no response whatsoever. Bruton v. Sakariason, 21 NM 438, 155 p. 725 (1916) To do so would be a biased and prejudiced decision based in abuse of discretion. Richens v. Mayfield, 85 N.M. 578, 514 P.2d 854 (1973) “Abuse of discretion is present which is defined as when the judge has acted arbitrarily or unreasonably under the particular circumstances.” Although there is now some Plaintiff’s actual evidence before the court sustaining many of the Counts and allegation as exhibits in some pleadings as attached exhibits with the Complaint, all allegations and properly pleaded Counts and substantiated and claimed amounts for relief to be granted that should be held by the court as FACTS. Swanson v. Bixler, 750 F.2d 810, 813 (10th Cir. 1984) “the court must liberally construe the pleadings, accept as true all factional allegations in the Complaint, and draw all reasonable inferences in the Plaintiff’s favor.” Plaintiff, has a plethora of photographs and documents to sustain all Complaint allegations, and Plaintiff has tremendous Statutes, Constitutional law and case law to be presented for the Court to use as conclusions of law, all supporting all of the allegations of the Complaint as if necessary for the Court. All Counts and all allegations should be accepted by the court as FACTS and CONCLUSIONS of law for judgment rendered. Plaintiff’s Complaint has been stated sufficiently clearly for the court to consider that the plaintiff’s allegations are sufficient to state a claim for which relief can be granted.

In clear retaliation, revenge, retribution of this instant filed suit, all Defendants and the Sinaloa Cartel within the last month since the filing have stolen another 9 horses, all last seen locked in the Santalina by Defendants Benjamin Benavidez Jr. and ranch employees with absolute “knowledge” of the Defendants NMLB and individual co-conspirators of “citizens” Justin Gray and Manuel Monte. The 9 stolen horses bring the total horse rustling to the number of 239+. The 9 horses stolen after filing this suit are a Derringer herd of 5 horses of one stallion with two Paint horses and a light Sorrel mare (named “Be There”) with new baby. [Exhibit 4] The other 4 are all young Derringer stallions with a fancy brown Gruilla Quarter Horse named “Clyde”. [Exhibit 5] All horses were last seen locked up by Benjamin Benavidez Jr. and Benavidez Ranch employee (name unknown) [Exhibit 6 and 7] on the “Santalina” Benavidez grazing permit inside the perimeter fence fence and then locked without water or food in permanent pens in the center of the Santolina area. NMSA 30-16-1 LARCENY. The tangible documents and photographs support “horse larceny and abuse of animals” (locked up deprived of water). New Mexico Court of Appeals No. 12-8853 FENCE THEM OUT supports that with horse (livestock) entry with defective fence gives no ability to claim animals are “estrays” or doing property damage, nor any ability to steal in larceny animals on lands not secured by any legal proper fence. Here is the matter of a horse rustler (Benavidez Jr. and Benavidez Ranch allowing horses on his grazing permit to be able to herd them in permanent pens and steal them, with the assistance of the NMLB and hired others claiming “estrays” to then transport stolen horses under protection of the badge of the NMLB to horse thief Dennis Chavez on 24 Dalies Road Hwy 6 in Los Lunas, NM and then to the foreign country of Mexico to be slaughtered for meat, giving bribes and kickbacks to the NMLB for assistance and protection. NMSA 30-16-1, NMSA 30-18-1 and the discharge of duties of NMSA 77-16-1, NMSA 77-9-22(F), and NMSA 29-1-1, NMSA 29-1-2, that totally support the Plaintiff’s Complaint claims with merit supported by the law. Since it is not unlikely that a murderer would flee the city in which he committed the crime and, given modern-day transportation, that this person would flee across state lines, and since the police knew or should have known that it is possible that a person who kills randomly with no motive would kill again, the harm in this case was not so removed from the conduct of the Defendants that the court may say as a matter of law that the victims were unforeseeable; thus foreseeability is a question for the jury to determine by giving thought to, among other things, the time, space, and distance between the alleged failure to investigate and the deaths of the two victims. Torres v. State, 1995-NMSC-025, 119 N.M. 609, 894 P.2d 386. 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. The attack on Derringer and stealing his personal property animals is relentless by the Sinaloa Cartel protected by the Defendants in this suit. All persons who are foreseeably at risk within the general population are within the class of persons to be protected by the duty to investigate. Torres v. State, 1995-NMSC-025, 119 N.M. 609, 894 P.2d 386.

The Complaint is defining sufficiently for a claim of action in which relief can be granted. Sufficiency of allegations in complaint. — Allegations in a complaint that sheriff deputies failed to apprehend a drunk driver or investigate a tavern disturbance, and that this failure proximately caused personal injury to the plaintiff's family, sufficed to state a cause of action for negligent violation of a right secured under New Mexico law for which Section 41-4-12 NMSA 1978 waives sovereign immunity. California First Bank v. State Dep't of Alcoholic Beverage Control, 1990-NMSC-106, 111 N.M. 64, 801 P.2d 646. Default of the Complaint is legally valid and Plaintiff Motions the Court for a Default Judgment to grant Judgment of all counts and in all stated amounts in the original Complaint to Plaintiff David Derringer against all above names Defendants. First Nat’l Bank v. George 26 NM 46, 189 P. 240 (1920); Enfield v. Stewart 24 NM 472, 174 P. 428 (1918). Default should be awarded by the Court in all specific amounts requested. Plaintiff requests a Default Judgment against all parties named above with entry of default and default judgment may be simultaneous. Rogers v. Lyle Adjustment Co., 70 NM 209, 372 P.2d 797 (1962).

Respectfully submitted by __________________________________________________

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

I hereby certify that I mailed a copy of this Motion for Default to the 2nd Dist. Ct. on this date.

I further certify that I mailed a copy of this Motion to 2105 Osuna Rd. Building South, Albuquerque, New Mexico 87113 wherein at this address ALL Defendants New Mexico Livestock Board, Officer Manuel Monte, Officer Justin Gray, Manuel Monte (as an individual NM citizen precluded attorney representation by use of NM tax dollar fee payment), Justin Gray (as an individual NM citizen precluded attorney representation by use of NM tax dollar fee payment) could be found and properly notified of the instant suit.


EXHIBIT 1




EXHIBIT 2



EXHIBIT 3
















EXHIBIT 4




EXHIBIT 5




EXHIBIT 6




EXHIBIT 7



[1] Peoples v. Peoples, 72 NM 64, 380 p.2d 513 (1963) “Entire complaint not stricken-Generally the entire complaint will not be stricken. Only those matters improperly pleaded, or which have no bearing on the lawsuit, should be stricken.”; DiMatteo v. County of Dona Ana ex rel. Board of County Commissioners, 109 NM 374, 785 P.2d 285 (Ct. App. 1989) “Entire complaint not stricken-Generally the entire complaint will not be stricken. Only those matters improperly pleaded, or which have no bearing on the lawsuit, should be stricken.”

 
 
 

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