TREASON AGAINST AMERICA BY: NM, NMLB, JUDGES MURPHY, MERCER, ORTEGA, LOPEZ, O'CONNELL, BRICKHOUSE, SAFFIER, SHEPHERD, TORRES & SINALOA CARTEL HORSE RUSTLERS: NMLB-DAVIS, LOVATO, GRAY, MONTE, MENDOZA +
- d2bowman4570
- Jul 20, 2024
- 92 min read
No.
IN THE SUPREME COURT OF THE UNITED STATES
EXTREME EMERGENCY PETITION FOR EXTRAORDINARY WRIT OF MANDAMUS AND PROHIBITION AGAINST THE STATE OF NEW MEXICO, NEW MEXICO SUPREME COURT, 2ND DISTRICT COURT, 7TH DISTRICT COURT, 13TH DISTRICT COURT, US DISTRICT COURT 10TH CIRCUIT FOR THE DISTRICT OF NEW MEXICO, NEW MEXICO LIVESTOCK BOARD, NEW MEXICO OFFICE OF THE STATE ENGINEER, JOHN D’ANTONIO, WAYNE CANON, MICKEY CHAPEL, JENNIFER CHAPEL, BENJAMIN CHAPEL, JOHN CHAPEL, DARRON “SHAWN” DAVIS, FRANCISCO “CISCO” LOVATO, JUSTIN GRAY, MANUEL MONTE, GEORGE MENDOZA; REQUEST FOR RELIEF AND PROHIBITION AGAINST EACH HAVING ANY FUTURE CONTACT OR INTERFERENCE WITH ANY OF THE REAL OR PERSONAL PROPERTY OF SOVEREIGN CITIZEN DAVID BRIAN DERRINGER
In Re: DAVID BRIAN DERRINGER,
Petitioner-Pro-Se, Box 7431, Albuquerque, New Mexico 87194: (505) 227-7229
On Petition for Extraordinary Writ of Mandamus and Prohibition is under Rule 20, Rule 14, 33, 34, authorized by 28 USC 1651 (a), 2241, and 2254(a).
QUESTIONS PRESENTED
l) As traitors were hung in the 1950's, is the United States now so corrupt that traitors go unpunished and unaccountable for violations of the 14th Amendment Section 3 and 18 USC 2381 and 2383 that the New Mexico State government, domestic American terrorists, and others in complicity and conspiracy can steal Derringer real property, steal over now 756 + horses in
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multiple felonies per horse of exclusive personal property, and terrorize Derringer misusing
power in the courts to obstruct, and facilitate the enemy invasion of the Mexico National Sinaloa Cartel and 160 + other countries to destroy America?
2) Can a judge Order a US American citizen not to file pleadings in order to specifically block the pro-se plaintiff from legally suing Defendants and invading Sinaloa Cartel that the judge or political party prefers to protect, Order the court clerk to discriminate and not do mandated ministerial acts to take filings from a selected targeted pro-se litigant, Order not to use the US Courts, Order not to file any future Complaints to protect parties known to commit crimes and torts against the Plaintiff, Order not to represent himself pro-se in US Courts, Order a mandate to have an attorney, spontaneously dismiss entire law suit complaints denying all due process, Order a limit and censor pleading writings of facts and truth under Rule 90 that expose the public and juridical corruption, and never grant Default Judgments to a pro-se Plaintiff when the Judge has had ex-parte communications with Defendants advising they don’t have to Answer the Complaint, as the case will be rigged to protect them?
3) As in the 19th and 20th century and prior, stealing ONE horse was a high crime punished by death by hanging, wherein is it now that government or anyone can steal 756 + Derringer horses and illegally sell the stolen personal property for millions in profit, (NMSA 30-16-11) defeating the 5th Amendment and 42 USC 1982, and Jones v. Mayer Co., U.S. Supreme Court 392 U.S. 409 (1968) No. 645, and not be punished or held accountable for deliberately killing Plaintiff’s hundreds of horses for profit selling them to be butchered for meat (NMSA 30-18-1(E))and, not be mandated to return all horses under law (NMSA 29-1-2), with extreme monetary penalties, return all money gained in the illegal sales as felonies (NMSA 30-16-11) with no false claims
of set-offs of transportation or feeding (extortion) and massively punished for horses sold to
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killers, taken to Mexico to be slaughtered for meat and illegally gelded and illegally branded against the owner's wishes?
4) Whether the NM State and Federal Courts can criminally Order a US citizen not to file pleadings or represent himself, which violates US Code Title 18 Sections 241, 242, 1503, 1505, RICO, 2381, 3617, and the 1st, 4th, 5th, 8th, 13th, 14th, Amendments, with all participating parties of Judges and Justices in violation of the 14th Amendment Section 3, perjury of Oath, discharge of Canon, Code of Judicial Conduct and other egregious acts, to deliberately violate the Supremacy Clause Constitution Article VI, maliciously with deliberate intent to destroy all rule of law in defeating the United States Constitution Article Ill, wherein all New Mexico Courts have singled-out and targeted "Whistleblower" citizen David Derringer in denial of all rights to due process and equal protection, denying mandated won default judgments in 18 cases, obstructing appeals, denying hearings, holding conspiratory hearings against the Plaintiff ex-
parte, denying paid-for jury, denying notices of appeal, and all court denials are done without stated reasons or authorities in: No. S-l-SC-39680, Court of Appeals No. A-I-CA-40690, 7th District Court: CV-94-10; CV-02-19, D-727-CV-2021-00028, 13th District Court: D-1314-CV-2021-00541 -Derringer v. Davis & Derringer v. State of New Mexico ete al., 2nd District Court: D-002-CV-2014-07755, CV-2022-03437, CV-2023-05227, CV-2023-07042, CV-2023-09203, CV-2023-09552, CV-2023-09874, CV-2024-00261, false criminal Complaints T-4-CR2023-002115 and T-4-CR-2023-003902 as a motive to jail and assassinate the Petitioner?
5) Whether a Judge can violate 18 USC 241, 242 and 1503 to Order a Plaintiff not to file any pleadings so as to rig the case for Defaulted Defendants continuing to file pleadings without standing and for the Judge and attorneys to then falsify the Plaintiff’s heading and leave out Defendants’ names in criminal acts so as to protect Defendants from the suits?
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6) Whether either a State Judge or a Federal Judge in any US court can peruse and view court filings before having "jurisdiction" prior to filing, and then deny such filings by illegal Order to the court clerk not to file any Complaint or other legal court papers, imprisoning the citizen to
the public corruption under the meaning of the 13th Amendment, when they disclose public/judicial corruption, disclose proven judicial bribery, illegal Constitutional deprivations, criminal RICO acts, violations of Oath, deprivations of due process and equal protection and injustices perpetrated willfully by justices as done in New Mexico Courts and the 10th Circuit US District Court for the State of New Mexico?
7) Whether, a government law enforcement officer can do obstruction of justice, intimidation, file known false criminal complaint complaints in violation of NMSA 30-39-1 and penal code 118.1, and then steal $75 Million dollars in livestock grand larceny without statutory authority, without warrant, without statutory immunity, and without probable cause, in revenge, retaliation, and retribution of being Defendants in former multiple Civil suits of the Petitioner/Plaintiff, in direct treason collusion with the invading Mexican National Sinaloa Cartel by mis-use of authority, badge and firearm so as leaving a citizen with no way to stop the crimes?
8) Whether the State of New Mexico can still receive federal funds when all three branches of State government deny all US and NM Constitutions, all statutes, all case law and defeat court rules and rule of law, when additionally taking drug money bribes of the invading Mexican National Sinaloa Cartel and maliciously attacking citizens that expose the extreme public corruption, involving RICO racketeering?
9) Whether judges, governors, NM State employees, New Mexico Livestock Board, and law enforcement that violate RICO willfully while in judicial and government employee capacity are "above the law" and can use their judicial power and position to undermine the rule of law
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and integrity of the judicial branch of government under the parameters of the US Constitution
Section I Article Ill, and not be prosecuted for sedition and treason against the United States of America pursuant to the 14th Amendment Section 3 and US Code Title 18 Section 2381, 2383?
10) Whether the State of New Mexico can continue to misuse federal and state funding to use against the citizens ie. having state tax paid attorneys falsely and illegally embezzle public money to represent select individual private citizens (moonlighting as state employees) doing RICO horse rustling and criminal acts against citizens privately, when such citizen is attacking citizens posing as a public employee misusing his badge and gun for RICO ACTS in collusion and complicity with the Sinaloa Cartel, and undermining the Constitution Section I Article 111?
11) Whether any judge, after being "recused for cause" of Constitutional, Rules of Civil Procedure, Oath violations, bias, prejudice and other vile acts against the rule of law, can continue to preside over the case holding ex-parte hearings without the Plaintiff and without jurisdiction and judicial capacity in fundamental error and jurisdictional defect and ignore all Plaintiffs motions, in order to "rig" the case for Defaulted Defendants to win in violation of US Code Title 28 Section 453 and 455 in perjury of Oath, and deprive due process and equal protection to forcefully subject Derringer to involuntary servitude in violation of the 13th Amendment and against mandates for due process and equal protection with a "fair and impartial judiciary" under the 4th, 5th, and 14th Amendments?
12) Whether the United States Supreme Court will exercise "superintending control under an extraordinary writ" to stop the treason, mis use of power and public corruption over the entire judiciary of the State of New Mexico and the 10th Circuit US District Court for the District of New Mexico and report to authorities to investigate treason, arrest, and prosecute all involved judges, administration, state agencies and state employees for direct and proven conspiracy,
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collusion, aid and Communism coup plot to use the Sinaloa Cartel as a weapon and tool against the citizens of the United States to overthrow the Constitution Section 1 Article Ill for deprivations in conspiracy against Constitution, and violations of Oath, Canon, Judicial Standards, criminal acts of RICO and state and federal criminal code and remove all involved in these atrocities against justice to mandate actions to save the integrity of the Article Ill from destruction by the secession from the Union by the 3 branches of State government of New Mexico?
THE WRIT WILL BE IN AID OF THE COURT’S APPELLATE JURISDICTION
The Petitioner's situation is where the entire three branches of State of New Mexico Government and all state agencies are willfully bribed and involved as rogue insurrectionists in a coup against America, constituting secession of New Mexico with absolute sabotage and destruction of Article III, with the action of facilitation and solidarity in treason with the enemy invading Mexican National Sinaloa Cartel. New Mexico has withdrawn formally from membership of the United States Constitutional Republic, with open NM/Mexico borders, as NM is now owned by the Sinaloa Cartel, and facilitation of the collusion of the British aiding the takeover of America by the English Barclays Bank ownership of NM Bernalillo County “Santolina” private property as the staging area of RICO racketeering Sinaloa Cartel operations in New Mexico for horse rustling, drug trafficking of fentanyl, methylamphetamines, cocaine, human trafficking, and minor illegal children provided to NM elite politicians, and judge pedophiles and hebephiles, prostitution and other RICO activities. The Judiciary has destroyed Article III to block all due process and equal protection by any means of Ordering no use of the courts, Ordering no pro-se representation, censorship of 1st Amendment, hand selecting corrupt judges
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to stay on cases when recused, embezzlement of paid Jury fees and denial of any trial, violation of all Constitution, statutes and case law, rigging cases for Defendants with ex-parte agreements that Defendants don’t have to Answer Complaints and then ignoring Defaults, obstruction of justice and intimidation of Plaintiffs in judicial terrorism, and more. [Exhibits 1] These matters should be monumental concern to the US Supreme Court as the government and all employees are connected to the foreign enemies of the United States by bribery and political agendas to use the current invasion of Sinaloa Cartel and 160 other countries against We the People while corrupt government protects the invaders and felonious state employees. Rogue and unethical judges have taken over the Judiciary branch, making all decisions against Constitution, statues and case law, making their oath superfluous and rendering Article Ill entirely moot. This Petition will greatly aid and inform the US Supreme Court on any appeals coming before the Supreme Court, of the Democratic "blue" states, insurrections by means of defeating the US Constitution Article Ill, and how State officials, Judges and State employees have now infiltrated the entire system in sedition, saturating all local, state, law enforcement, and state agencies with now total control, both owned and bribed by the invading Mexican National Sinaloa Cartel and 160 + other countries including Britain-UK-England, (Barclays Bank) with foreign terrorists "welcome" in New Mexico for destruction of the United States. This now translates to no "rule of law" in Judge rulings by personal opinions, political agendas, and "invader protection" against all laws for the continued use of New Mexico to facilitate, aid, abet and gain $ Millions of dollars of the invading Mexican National Sinaloa Cartel bribes to public officials and judges. This is also coupled with the New Mexico Judiciary and public officials' users of cocaine, methylamphetamines, fentanyl, slavery and rape of many of the 85,000-missing illegal-unaccompanied minor children aliens, by the vast pedophiles of NM public service, attorneys
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and domestic terrorists now in and infiltrating New Mexico. When Judges deliberately deny jury, while embezzling the $150.00 fee and deny trial, evidence, witnesses and rig the cases to simply ignore that the Defendants never answered, (or knew they didn't have to answer; DEFAULT) and still the Plaintiff is granted no Default judgments, no justice, the entirety of America as defined by the Founders has already become extinct. A distinct pattern is clearly illustrated against the Petitioner showing in 18 cases, and 32 years of the Plaintiff’s life ruined by the Defendants deliberately don’t Answer the Complaint to keep out as much information as possible in DEFAULT, wherein the Judges not only ignore the Motions for DEFAULT to obstruct justice, but deliberately refuse to make any Order to leave the case in limbo to defeat the appellate process, with no written Order from which to Appeal as destruction of Article III. It is clear the entire government of the State of New Mexico is involved (by notice of now 18 Derringer law suits), wherein no state employee, as working felons directly with the invading Mexican National Sinaloa Cartel, has been arrested or fired and continues corrupt state employment with facilitation of all RICO racketeering of horse rustling, drug and human trafficking, prostitution, murders, burglaries, abductions, pedophile abuse of illegal migrant (invaders) and domestic minor children, and other depredation and debauchery by all employees and officials of New Mexico; wherein at the least the State of New Mexico has “knowledge” of all RICO racketeering by the Derringer Complaints filed with all New Mexico Courts, wherein thus all felony RICO acts and facilitation of the willful open border unpatrolled and uninhibited for the Sinaloa Cartel is purposeful and malicious to destroy America by INTENT. The NMLB with the Sinaloa Cartel and support of all NM Government have not stolen 756 + Derringer $75,600,000.00 value cherished horses, trained working “trade-tool”, breeding, companions, pets, illegally stolen om grand larceny (NMSA 30-16-1) and illegally sold (NMSA
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30-16-11) as ongoing crimes to murder and butcher these treasured personal property of Derringer to be sold for meat in pure satanic, vile, evil acts just enabled as government has a badge and gun, with no one to stop them, with the criminals keeping all money from the sales of the Petitioner’s own property horses; ongoing terrorism without redress or injunction. [Exhibits 3]
EMERGENCY EXCEPTIONAL CIRCUMSTANCES WARRANT THE EXERCISE OF
THE COURT’S DISCRETIONARY POWERS.
Clearly, with Governor Michelle Lujan Grisham deliberately and maliciously absolutely keeping the New Mexico/Mexico border wide open and removing the New Mexico National Guard of previous protection, and her penchant of serious Congressional concern attempting to "disarm New Mexico citizens", in absolute violation of the 2nd Amendment and perjury of oath, and yet not held accountable, speaks volumes of the failure of every aspect of the Constitution being ravished, not due to the foundation, but the vile persons entrenched in public authority, with the audacity to claim the title "honorable". These acts of judges and public officials are not inadvertent error, but treason and facilitation not only under the 14th Amendment Section 3, but criminal 18 USC 2381, 2382, 2383, (treason) and the most egregious threat to National Security. The NM government protects felonious employees, and has attempted weaponizing the criminal courts, falsely arresting and imprisoning the Petitioner for exposing the vast public corruption as a whistleblower, and persecuting the Petitioners by stealing and mutilating Petitioner’s horses, stealing real property and water rights, and domestic and foreign terrorism to intimidate the Petitioner in Communist oppression and tyranny. There is Judicial fraud on the court, criminal destruction and falsifying of court documents and illegal Orders against the Petitioner not to file legal pleadings. This makes Petitioner’s constant 18 legal Civil Suits, and defense of
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false known felony government tyranny defeated, with NM forcing a weaponization of the criminal court attempts against the Petitioner. When the Petitioner was trying to use a fair and impartial judiciary for “justice”, “replevin”, “restitution”, “reparations” and “injunctions”, the judges stole the jury fee, denied and ignored a trial, and presided when already recused. All New Mexico law enforcement has been bribed, by the DHS defined $32 Million dollars a week produced by the Sinaloa Cartel in all RICO racketeering acts in New Mexico with “British” (Barclays Bank of England) staging area Bernalillo County “Santolina” protected by the Governor and all agencies thereunder, not just limited to the extreme attack against the Petitioner, that is now ongoing for "32 years". The NM city of Albuquerque and "sanctuary County of Bernalillo" is in the top 5 US cities with the highest crime of drugs, fentanyl death, rape, pedophilia, prostitution, gun-running by the actual Bernalillo County Sheriff Manuel Gonzales III, car theft and other debased and criminal acts rampant. Records will easily show that almost all Government employees in New Mexico from the Governor down to the local "dog-catchers" are registered Democrats. As the National corruption is indicated, this is absolutely a coup against America to take over the US to a state of Communist dictatorship, as infiltration, already endemic in New Mexico of the Democrat party is now complete with full control of all three branches of government, Executive, Legislative and Judiciary, with Judicial Standards and Disciplinary Board meaningless, controlled for protection of errant judges and lawyers. The Petitioner has been as whistleblower for the past 32 years, wherein the Petitioner is endeavoring to persevere as a singled-out, targeted individual being relentlessly attacked in all matters by both the State protected Sinaloa Cartel, while being denied all due process, equal protection, and wherein all State agencies, all law enforcement, and NM courts deny any protection or redress for the safety of the Petitioner. The Sinaloa Cartel is working directly with
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the New Mexico Livestock Board as a RICO racketeering horse rustling operation in New Mexico grossly attacking the Petitioner, whereas over the last 4 years the NMLB/Sinaloa Cartel have stolen in larceny (NMSA 30-16-1) over 756 + (ongoing) Derringer horses of lifetime value of over $75,600,000.00 plus extreme torts, an murdered the Derringer horses causing extreme emotional distress and anguish, ruining not only Derringer’s life, but destruction of Derringer’sincome, happiness and liberty; all for personal and political gain of the State of NM and all agencies and employees involved, while submitting to the Sinaloa Cartel protection bribes. Domestic terrorism is forced upon the Petitioner by the NMLB and Sinaloa Cartel, as literally armed robbery, aggravated assault, wherein the citizen has no ability to stop the government agencies involved, even watching the crime, as the NNLB has arrested the Petitioner and illegally imprisoned the Petitioner when legally trying to save his own personal property horses from the NMLB and Sinaloa Cartel, with more threats to further arrest or shoot to kill the Petitioner for attempting under Constitutional 5th Amendment, and 42 USC 1982, to protect his own personal property horses. NM State, by use of the NMLB opens the Pajarito/Santolina fence, uses 4-wheelers to illegally herd Derringer horses onto the British (England Barclays Bank) “Santolina” RICO staging area, and then traps the Derringer horses in permanent corrals on the “Santolina” in larceny. [Exhibits 3] (Benavidez corrals North of Grant Rd.) The NMLB then steals Derringer horses and sells the stolen property NMSA 30-16-11, in fraud to the Mexico meat packers and unsuspecting citizens, and the Sinaloa Cartel is using some horses as pack animals for drug and human trafficking through remote areas of New Mexico, Texas, Arizona, California without roads in concealment. Examples of Derringer exclusive ownership of Derringer horses and undeniably ownership of all mare offspring, regardless of who has adverse possession of the stolen horses. [Exhibits 4] With extreme mis-
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use of power and authority, only available in public corruption, as clothed under NM State law, the NMLB hires domestic terrorists' assistants and Cartel thugs to rope and herd and load/trailer the Derringer horses on private lands with no legal herd district to claim false possible jurisdiction of the NMLB to be there on exclusively private lands of both the Pajarito and Santolina, with embezzlement of tax dollar funds, and use of public-paid trucks and trailers, lying to court and public records that the horses are in “trespass”, PROHIBITED claims under NMSA 77-14-3(A). The NMLB, with all state protection, defies and violates all forfeiture acts NMSA 31-27-4 by stealing horses in terrorism with no conviction, no jurisdiction, no probable cause, no due process or equal protection and no court order, and “prohibited” to claim trespass on private lands with no NMLB jurisdiction. The NMLB Simply has stolen in grand larceny 756 + ongoing known Derringer horses and sells them for personal profits, murdering Derringer’s pets in satanic act that Derringer cannot stop, since the Courts don’t work in New Mexico. The horses are not subject to forfeiture, and the State of NM cannot prevail as all acts are criminal by NM rogue government. Time after time, in Derringer’s 18 Civil suits, Petitioner has gone to the Courts seeking a TRO and permanent injunction, and had gone to the New Mexico Supreme Court for a “Writ of Superintending Control” whereas the New Mexico Supreme Court “knowingly” ignored the underlying cases of fundamental error and jurisdictional defect, maliciously on purpose to deny the Petitioner all justice to protect the invading Sinaloa Cartel supplying judges with their cocaine and minor children for the pedophiles, but also falsified the court record in criminal acts to cover it up in their Order, [Exhibits 5] compared to the original Petition for Superintending Control [Exhibit 6] whereas with no reasoning, the Courts deny any protection, deliberately thus "knowingly facilitating" the continuing horse larceny and other crimes against the Petitioner "deliberately in malicious
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deprivation of rights". 18 USC 241, 242.. Satanic, oppressive, and tyrannical government is simply attacking and terrorizing Derringer for exposing the NM public corruption as a whistleblower to show others similarly situated the wrath of government without citizen submission to forced oppression. NNLB goes onto exclusively private property of both the Pajarito and Santolina (west mesa, Albuquerque, New Mexico) private lands where the large herds of exclusively Derringer horses are legally grazing designated "open range" on the Pajarito (NM Ct. App. No. 12-8853), illegally baits the Derringer horses in locations away from the Derringer residence with hay and salt blocks, uses portable horse panels, illegally herds them into trailers and steals them by government officials in criminal larceny felonies "per horse", and herds them with 4-wheelers onto the RICO Sinaloa Cartel racketeering operations on the Santolina, with hundreds of other appurtenant criminal acts associated with. Such criminals are all employees of the NNLB, particularly Darron "Shawn" Davis, Francisco "Cisco" Lovato, Justin Gray, Manuel Monte, George Mendoza, and many Sinaloa Cartel non-citizen terrorists accompanied by State-paid American subversives as domestic terrorists. This is treason working with invading Sinaloa Cartel "enemies of the State" 18 USC 2381, 2382, 2383, as the very same Sinaloa Cartel that drove Derringer from his legal ranch and attempting to murder Derringer. The NNLB then writes false and fraudulent bills of sale, NMLB inspectors simply keep some horses for their own, and sells the known Derringer horses to be murdered for meat “horse killers” in Texas, Oklahoma, Mexico, or sell to the unsuspecting public as criminal felonies under NMSA 30-16-11, and some are murdered by the NMLB and thrown at the Derringer residence for terrorism and intimidation. [Exhibit 7] cherished and well trained Derringer horses are illegally sent to Mexico for slaughtering for meat Derringer' s pets and Derringer's working "trade tools" as outfitter and breeding horses. The NMLB, with proven
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admittance that the stolen Derringer horses were "Derringer horses", "Pajarito horses", use their domestic "mule", Benjamin Benavidez Jr. whose false alleged claim of a Santolina grazing permit while proven under breach of contract is condoned by Santalina British Barclays bank for RICO horse rustling knowing RICO is taking place on their RICO STAGING AREA property. NMLB simply re-steals Derringer horses already stolen by Sinaloa Cartel admitted horse rustler Benavidez Jr. (See Benavidez Jr. Answer Jan. 21, 2015 CV-2014-07755) [Exhibit 24] without arrest mandated under NMSA 29-1-1, 77-9-22(F) from the so-called "Benavidez corrals North of Grant road" [Exhibits 3] and sells Derringer’s stolen horses and pockets the money, as multiple felonies per horse of now 756 + Derringer horses values at $75,600,000,00. This is defying all law of NMSA 29-1-1 and 29-1-2, and the statutory mandates to arrest their Sinaloa Cartel mule Benavidez Jr. for larceny by NMSA 77-9-22(F) and immediately return the Derringer admitted horses. NMLB cannot falsely claim they are "estray" horses and are illegally trespassing on the Santolina, while quoting the very Statute prohibiting the fraud of claims of trespass NMSA 77-14-3(A). To stop Derringer recovering his horses, NMLB Manuel Monte and Justin Gray knowingly filed false criminal complaints against Derringer as retaliation of Derringer's suits against them, (false criminal Complaints T-4-CR-2023-002115 [Exhibit 8] and T-4-CR-2023-003902 [Exhibit 9] as a motive to jail and assassinate the Petitioner) after Derringer had already sued Manuel Monte, Justin Gray, George Mendoza, Daron “Shawn” Davis, Francisco “Cisco” Lovato prior now multiple times. [Exhibits 1] Each time in now 18 suits, Defendants don’t Answer the Complaint as a pattern of Judges ex-parte telling Defendants the case will be rigged against Derringer no need to Answer, and both attorneys and Judges falsify the court records wherein NM State tax paid attorney Daniel Mackey deliberately embezzles NM tax dollars to illegally represent select private citizens Darron “Shawn” David,
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Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, and George Mendoza: attorney doing felonies, with Courts of full knowledge of the crimes and each protecting attorney Daniel Mackey from even disbarment. [Exhibits 1] Weaponizing the Courts, the NMLB against Derringer plus illegal arrest, prison without any legal service of T-4-CR-2023-002115, and without any warrant, to intimidate Derringer to stop Derringer’s legal Civil suits. [Exhibit 8] As they realized they would legally lose in T-4-CR-2023-002115 by the Derringer Motions to Dismiss [Exhibits 10] T-4-CR-2023-002115 was withdrawn by Nolle Proseque [Exhibit 11] ignoring the extreme damages to Derringer of false arrest, prison and torts. “Defendants” of Derringer’s civil suits then re-attacked Derringer with the same false criminal complaint, staged as a “new Complaint”, and embellished knowingly filed false criminal charges T-4-CR-2023-003902 [Exhibit 9] in the same each felonies of NMSA 30-39-1, 30-27-1, penal code 118.1 and 18 USC 241, 242, 1503, 1505, and 2381, with the NMLB known again false charges in violations of rules and in fraud, while continually stealing more Derringer horses [Exhibits 3] with criminal extortion/ransom, in retaliation obstruction of justice. Derringer against defeated this false filing in Motion to Dismiss [Exhibit 12] Derringer’s Public Defender also filed a Motion to Dismiss defeating the NMLB and mandating the return of all Derringer stolen horses. [Exhibit 13] Derringer’s attorney Joseph Theil also filed a Motion to Dismiss defeating the NMLB, making it clear the NMLB never had any jurisdiction or legal ability to steal Derringer horses in larceny NMSA 30-16-1 and then illegally sell the Derringer stolen horses for pocketed profit of $ hundreds of thousands as felonies NMSA 30-16-11. [Exhibit 14] The NMLB, by Justin Gray, to avoid being defeated of the fraud, withdrew the Criminal complaint again Nolle Proseque. [Exhibit 15] Derringer Attorney Joseph Theil filed a second Motion to return all the then “HUNDREDS” of NMLB stolen Derringer horses as the criminal Complaint had been
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withdrawn leaving no possibility to keep stolen livestock, and the NMLB disclosed they has already sold Derringer’s stolen property in felonies of NMSA 30-16-11, most of which were murdered and butchered for meat. [Exhibit 16] Hearing was held on February 20, 2024. At the hearing, Judge Torres ignored hundreds of Derringer’s horses stolen, ignored Justin Gray had done obstruction of justice and intimidation in retaliation of Derringer’s civil suits, and “knowingly” allowed NMLB and Justin Gray to keep the known hundreds of Derringer horses worth over $75,600,000.00 and keep all monies for selling the Derringer stolen personal property horses, having sold them in multiple felonies (NMSA 30-16-11), and ignored Justin Gray had knowingly filed false criminal malicious prosecution under NMSA 30-39-1 and penal code 118.1. Judge Torres then abandoned the hearing, with deliberately no order to return stolen property and no order so as to block any appeal. Derringer’s attorney Joseph Theil hearing notes. make it clear that Judge Torres deliberately in treason and felonies as “accessory” and “accomplice” simply ignored the NMLB stealing hundreds of Derringer horses, selling them for illegal profit “unjust enrichment” and would neither Order the horses returned, nor make any decisions of Orders so as to block any appeal; facilitation of the NMLB and employees with the Sinaloa Cartel making $ Millions from Derringer’s stolen horses without any prosecution in protection by the corrupt judge. [Exhibit 17 last entry of notes bottom] Judge Torres is fully aware the NMLB false criminal charges already did 1st , 4th , 5th, 9th , 10th , and 14th Amendment damages to the Plaintiff with hundreds of felonies and stole and now kept and illegally sold over 756 + Derringer horses in a vile "game of domestic terrorism" and never returned any of the Derringer horses, keeping the stolen personal property and money of illegal sales as "pillage". The NMLB had attacked Derringer using vehicle T-4-CR-2023-003902 to attempt to gain an Order that Derringer was “incompetent” with the idea to then use this against all Derringer’s
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Civil suits to dismiss all claiming them “frivolous”. [Exhibit 20] Derringer was targeted for improper purposes, intimidation and discrimination and file a Motion to Recuse Judge Saffier. [Exhibit 19] Defeated in the ploy to Order David Derringer “incompetent”, the Order was withdrawn. [Exhibit 21] Derringer filed a notice and Motion for Sanctions Without Boundaries that was simply ignored. [Exhibits 22] From then on, the Sinaloa Cartel and the NMLB with felon employees have continued stealing horses without posting due to Derringer legally suing the NMLB and individual employees as "citizens" each time they posted the stolen Derringer horses. [Exhibit 25] This was criminal retaliation, intimidation and retribution for the previous Derringer Civil suits against the NNLB, Benavidez horse rustler, Justin Gray and Manuel Monte both as (non-immune) NMLB inspectors and sued as “individual citizens”. After filing Appeals [Exhibits 1] Justin Gray re-attacked the Petitioner in obstruction of justice E-mailing directly to Derringer he had stolen another 5 (8-as three mares are pregnant) known Derringer horses as instant further acts of domestic terrorism. [Exhibit 25] All actions by the State of New Mexico and through the NMLB are obstruction of justice, intimidation, larceny and multiple other felonies per horse as Derringer sued the NMLB and employees many times prior to the use of the Courts as a weapon to stop Derringer’s legal civil suits. Sinaloa Cartel Benjamin Benavidez Jr. has already admitted of court record to being a RICO horse rustler working with the NMLB “Notices” [Exhibits 3] Derringer horses picked up by NMLB in “Benavidez corrals North of Grant road” (on the English Barclay land RICO racketeering Santolina property) [Exhibits 3] Derringer’s license for Outfitter #32 and business card. [Exhibit 4] The NM Judges simply ignore crimes in their court as all acts of corrupt officials are all disregarded and condoned by the NM courts with no accountability, including, but not limited to the felonies of the distortion, tampering, destruction of court records done by any attorneys that represent them. All these acts
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by the NNLB and other NM administration are done against Petitioner as criminal acts with no probable cause, without court order, without court service of false criminal complaints against Derringer, without warrants, without any jurisdiction on the exclusively private lands of the Pajarito and Santolina, with a dividing fence (Pajarito) not in any compliance with laws NMSA 77-16-1 & 77-16-4 (NM Ct. App. #12-8853), and with vengeance, obstruction of justice, and intimidation, jail & death threats against Derringer's repeated law suits against the NM State and its' agencies breaking all laws. In retaliation, revenge, retribution, the NM Judges all the way to the NM Supreme Court, block Derringer's suits, block appeals, deny all due process, equal protection, deny paid for jury, deny trial, deny evidence, Order Derringer not to file any legal pleadings, distort Derringer’s original headings to falsify court records, refuse to file cases, and other means of rigging the cases by informing all Defendants they don 't have to Answer Derringer's legal Complaint as the NM Judges will rig the case where Derringer can't win. By deprivation of all Amendments 4th, 5th, and 14th with corruption imprisonment obstruction of justice blocked in oppression under the 13th Amendment to stop all further attempts for justice of either moving matters to federal jurisdiction and stopping pursuance of Civil Rights. The 10th Circuit US District Court for the District of New Mexico exudes protection of all New Mexico Judges from exposure in collusion with the Sinaloa Cartel. Petitioner Derringer is singled out and a targeted citizen in predation by the sedition of New Mexico by illegal Order for Pro-Se select David Derringer not to be able to file any Complaint or pleading in the United States Courts. All participating parties of Judges and Justices are in violation of (treason) the 14th Amendment Section 3, perjury of Oath, discharge of Canon, Code of Judicial Conduct and other egregious acts. Each time the Petitioner files a new law suit, the NMLB attacks the Petitioner in obstruction of justice, intimidation and domestic terrorism and steals more Derringer horses
r
as punishment of exercising Constitutional rights to sue, shoots Derringer horses witnessed by Derringer, or butchers a baby week-old horse and throws the body at the Derringer residence in terrorism to get Derringer to stop trying to legally use the Courts for redress. [Exhibit 7] Sinaloa Cartel Benavidez Jr. sent a woman to steal another baby horse in a pen at the Derringer residence at gunpoint. BCSO simply ignored the armed robbery with knowledge of the woman's license plate number for identification. Derringer has been to every NM agency and found the same extreme corruption.
ADEQUATE RELIEF CANNOT BE OBTAINED IN ANY OTHER FORM OR FROM ANY OTHER COURT
The NMAG (former Bernalillo County District Attorney Raul Torrez) has admitted "with pride" taking a $100,000.00 bribe from international Communist George Soros to use Raul Torrez's position of power to destroy America, and phone complaints of Derringer are hung-up, written criminal complaints filed on the NMAG web page are ignored showing Torrez also is taking Sinaloa Cartel bribes for their protection. Bernalillo County Sheriff Office, who admitted to felonies under 18 USC 922 are illegally and directly purchasing fully automatic firearms from the Sinaloa Cartel by circumventing mandated regulations of the ATF for a "Class-3" weapon, and "ordered" Derringer not to ever call 911 again, as the recorded Derringer calls show the refusal of duties to protect Derringer from the criminal domestic terrorism of the NMLB with the Sinaloa Cartel. BCSO will not arrest or recover any known Derringer livestock horses as mandated under NMSA 29-1-1 and 29-1-2, nor will they investigate the larceny felonies of the NMLB State employees despite the proof of their own "Notices". Derringer has then sued the NMAG and Sheriff Manuel Gonzalez III and Manuel Gonzales III as an individual citizen, wherein all did not answer the Complaints (in the same proven pattern of all 18 suits knowing
s
the cases will be rigged against Derringer. [Exhibit 26] When Derringer filed for the mandated Default judgments, the Judge ignored the Default motions and Ordered Plaintiff Derringer never to file any pleadings Pro-See in violations of 18 USC 241, 242, 1503,1505 and treason
protecting the Sinaloa Cartel under 18 USC 2381, 2383, [Exhibits 1] and criminally falsified the court record taking off Defendant private party citizen Manuel Gonzalez III as a felony. Derringer has this matter in appeal. [Exhibits 1] With evidence of horse larceny and public corruption, Derringer goes to the New Mexico State Police, and they told Derringer "you aren't welcome here, we won 't help you, you need to leave New Mexico or we will have you "removed". (translated to a death assassination threat) Judges Fitch, Pope and Ortega have put out "hit" attempts wherein Derringer has survived at least 6 attempts of assassination that were real. Derringer has contacted the Governor that will not help with full "knowledge". Petitioner Derringer has sued the NMAG, Bernalillo County Sheriff, New Mexico State Police, who do not answer the Complaint in DEFAULT and the NM Judges cover it all up by ignoring the Derringer Motions for Default so as to not only deny “justice” of Default Judgment, but by no Order or Decision deliberately block any further appeal. As British English Barclays bank owns the large property “Santolina”, that the Sinaloa Cartel, NMLB, Benavidez Jr. and others involved are using as the staging-operation area for RICO racketeering of horse rustling, human trafficking, drug trafficking and all other RICO activities, obviously known to the owner Barclays bank and their underlying management Western Albuquerque Land Holdings LLC. The manager Ted Garrett absolutely knows that Benavidez Jr. is, and has always been in breach of contract for an alleged grazing permit, thus having no legal ability to have cattle on the Santolina and cannot be using the property stealing Derringer horses from the South neighboring property Pajarito, [Exhibits 3] with the Pajarito fence non-compliant with NMSA 77-16-1 {See
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NM Ct. App. No. 12-8853 FENCE THEM OUT, and NMSA 77-14-3(A)} Accordingly, Derringer sued Barclays Bank et. al. and as all Defendants were in Default, filed a legal Motion for Default Judgment as mandated. The Judge attacked Plaintiff again Ordering no legal use of the United States courts, taking all Derringer’s right to sue, 4th, 5th and 14th Amendments in retaliation of obstruction of justice 18 USC 241, 242, 1503 and 1505 as a means to protect the Sinaloa Cartel RICO operations on the Santolina owned by the British Barclays Bank, obviously in bribery and perks NM Judges receive with drugs, minors for pedophiles and much more. [Exhibits 1]. Plaintiff Derringer has filed several appeals being ignored. [Exhibits 1] No NM Court will rule under law, even several times specifically denying filing for a TRO and permanent injunction against all that are relentlessly attacking the Petitioner. Derringer has relentlessly informed the FBI, DOJ, DHS, Pentagon of the treason, Guantanamo Bay, and all NM state Legislators, NM state Congressional House and Senate representatives and the United States Secretary of State of all the treason, RICO and public corruption to no responses or actions. Derringer has a web site with this corruption at: https://d2bowman4570.wixsite.com/notices/blog that informs the world of this treason and public corruption. The Petitioner has exhausted every possible means, and now has had real property taken and stripped, all personal property taken, over 756 + horses murdered, and no one held accountable. This constitutes very extreme and exceptional circumstances that absolutely warrant the US Supreme Court's discretionary powers, and the Court will see, the Petitioner has exhausted every possible remedy to be defeated by the extreme corruption, treason, RICO bribery, Democrat political coup and agenda to destroy America, with no help and deliberate sabotage of the US Constitution Article Ill and extreme threats to US National
u
Security. Expressly exposing the egregious violations of all law will shock the conscience of any reputable Justice. The secession of the State of New Mexico from the Union is by denial of all US Constitution, New Mexico Constitution, statutory law, case law by RICO racketeering judiciary involvement in treason by providing protection for the invading Mexican National Sinaloa Cartel by taking drug and human trafficking bribery money designed for vehicle use of the Cartel crimes to subjugate citizens in a Communist Democratic insurrection coup against the United States is sustained by what is happening to this targeted whistleblower Petitioner. Each time the Petitioner files a legal law suit for redress, Defendants don't legally Answer and then immediately attack the Plaintiff Derringer with domestic terrorism of stealing Petitioner's horses, burglaries, assault, robbery at gunpoint, vandalism and other acts of obstruction of justice and intimidation for exercising "rights to sue" and the courts obstruct any mandated judgements for default or summary and Order Derringer not to use the US courts, so as to absolutely block Derringer from any justice of redress of torts. The State of New Mexico work on a coup to attack the Petitioner with false criminal complaints in felony acts "with knowledge" that charges are not legal as criminal violations of NMSA 30-39-1 and penal code 118.1, targeting and selective attack and discrimination against a US citizen with collusion in treason with the invading Mexican National Sinaloa Cartel by which the NM elite administration, Judges, attorneys and politician get Cartel bribes, cocaine, methylamphetamines, fentanyl, and minor illegal alien children for judicial pedophiles. Coming to the US Supreme Court is the last resort and last line of defense that will possibly save the Petitioner from assassination. Petitioner immediately needs an injunction, by Order of PROHIBITION, ordered replevin of the now, and ongoing larceny of 756 + plus Derringer horses, and extreme restoration, reparations of the hundreds of murdered Derringer cherished horses with extreme Derringer emotional distress
v
and mental anguish. The NNLB has stolen by fraud claims of "strays" Derringer horses they have illegally auctioned, illegally sell, kill, or send to Mexico to slaughter for meat, having taken known Derringer horses in domestic terrorism in retaliation of Derringer suits against the public corruption of New Mexico as a whistleblower, with gunpoint and badges, without due process or warrants in total violation of the 4th, 5th , and 14th Amendments. These matters all are precipitations ongoing of the unknowing original purchase of Catron County property located next to the Chapel property at mile marker 21 on Hwy 32, Quemado, New Mexico, that turned out to be the crucial and vital helicopter landing zone of the Sinaloa Cartel bringing in cocaine, methylamphetamines, fentanyl and human trafficked minor children for the elite NM Judges, Justices, Politicians, Administration and attorneys’ users of cocaine and pedophilia. This domestic terrorism and weaponization of the Courts have been ongoing and accelerating for 32 years after Derringer and late wife Susan Nevitt purchased the property South of the Sinaloa Cartel landing zone in 1992. The entire base of corruption in New Mexico is to overthrow America is by protection of the Mexico Sinaloa Cartel's involving RICO Racketeering. [Exhibits 2] The NM judges are sabotaging Derringer's exhaustive attempts for justice by stopping due process and equal protection by Constitutional deprivations, and "weaponization" of the courts.
LIST OF AFFECTED PARTIES
State Of New Mexico, New Mexico Supreme Court, 2nd District Court, 7th District Court, 13th District Court, Us District Court 10th Circuit For The District Of New Mexico, New Mexico Livestock Board, New Mexico Office Of The State Engineer, John D’Antonio, Wayne Canon, Mickey Chapel, Jennifer Chapel, Benjamin Chapel, John Chapel, Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, George Mendoza.
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In the proceedings below, Party David Derringer hereafter may be referred to as the
Petitioner representing himself Pro-Se In Re: David Brian Derringer.
As simultaneously filed, the ADDENDUM EXHIBITS provided attached are appurtenant to all the content of the Petition for Extraordinary Writ for Mandamus and Prohibition.
TABLE OF CONTENTS Page
Questions Presented (a-f) _____________________________________________________ a
The Writ Will Be In Aid Of The Court’s Appellate Jurisdiction ________________________f
Exceptional Circumstances Warrant The Exercise Of The Court’s Discretionary Powers ____i
Adequate Relief Cannot Be Obtained In Any Other Form Or From Any Other Court _______s
List of Affected Parties _______________________________________________________w
Table of Contents ____________________________________________________________x
Index to Exhibits _____________________________________________________________x
Table of Authorities___________________________________________________________
OPINIONS BELOW _________________________________________________________ 1
JURISDICTION _____________________________________________________________1
CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED _________________6
STATEMENT OF THE CASE _________________________________________________11
REASONS FOR GRANTING THE PETITION ___________________________________ 20
CONCLUSION _____________________________________________________________21
REQUEST FOR RELIEF _____________________________________________________25
CERTIFICATE OF COMPLIANCE ____________________________________________ 38
CERTIFICATE OF SERVICE _________________________________________________38
VERIFICATION ___________________________________________________________ 38
x
INDEX TO ADDENDUM EXHIBITS TABLE OF CONTENTS
Prior Derringer civil suits against the New Mexico Livestock Board and employees. Destruction of Article III violation of all Constitution and rule of law. Defaults, denial of TRO, injunctions, Orders not to litigate or use the Courts in the future, where Derringer being attacked by corrupt judges Murphy, Mercer, Ortega, Lopez, O'Connell, Brickhouse, Nina Saffier, Shepard, and Renee Torres. Recused on court docket in August 23, 2022, Judge Ortega illegally dismissing the Derringer case without jurisdiction or judicial capacity in order to "rig" the case to protect unlawful state employees in treason with the Cartel, and to protect the 9 Defendants of actual Sinaloa Cartel and American Domestic Terrorist mules. New Mexico Supreme Court falsified denial of superintending Control S-1-SC-39680 that has distorted and corrupted the Court record maliciously to conceal the damaging information that they are covering up and facilitating the 9 lower cases knowingly allowing corrupt judges to deny Derringer 9 won Default Judgments in order to protect unlawful state employees and the Sinaloa Cartel. Attorney Daniel Mackey falsifying Court records to embezzle NM tax money to illegally represent select private citizens
Demand letter to Bernalillo County Commission to protect the public of Bernalillo County New Mexico.
NMLB/Sinaloa Cartel opening Pajarito fence corner to illegally herd Derringer horses onto Santalina, 4-wheelers (NMLB/Sinaloa Cartel illegally herding Derringer horses onto Santolina, fence put up capture/larceny of Derringer horses on Santolina, illegal herding into Derringer horses into “Benavidez corrals” N of Grant road” without food or water for larceny by the NMLB pick-up “Notices” “Benavidez corrals” N of Grant road” on the private RICO racketeering lands of England Barclays Bank Santolina.
Examples of Derringer/wife Susan Nevitt ownership of Derringer horses on Pajarito Derringer Outfitter permit #32 and business card
New Mexico Supreme Court falsified denial of superintending Control S-lSC-39680 that has distorted and corrupted the Court record maliciously to conceal the damaging information that they are covering up and facilitating the 9 lower cases knowingly allowing corrupt judges to deny Derringer 9 won Default Judgments in order to protect unlawful state employees and the Sinaloa Cartel.
Petitioner Derringer to New Mexico Supreme Court Motion for Reconsideration with proper heading, as Original Derringer heading of Petition for Superintending Control that cannot be corrupted by the NMSC, showing criminal acts of NMSA 30-26-1 and 1
y
Derringer butchered 1-week old filly from Quarter Horse Spice in terrorism, intimidation by Sinaloa Cartel/NMLB
T-4-CR-2023-002115
T-4-CR-2023-003902
Derringer Motion to Dismiss T-4-CR-2023-002115
Nolle Proseque of T-4-CR-2023-002115
Derringer Motion to Dismiss for Cause and sanctions T-4-CR-2023-003902
Public Defender Motion to Dismiss and recover stolen horses T-4-CR-2023-002115
Derringer attorney Joseph Theil then also filed a Motion to Dismiss
Nolle Proseque of T-4-CR-2023-003902
Derringer attorney Joseph Theil filed a second Motion to recover Derringer NMLB/Sinaloa Cartel stolen horses
Derringer attorney Joseph Theil notes of February 20, 2024 hearing ignored redress
Order for competency review against Derringer
Derringer Motion to recuse Judge Saffier of NMLB attack on Derringer for competency”
Notice of the Hearing of November 1, 2023 unconstitutional
Order of competency withdrawn
T-4-CR-2023-003902 Motion for replevin and Motion for Sanctions without boundaries against Judge Torres and Justin Gray
Derringer suit against NMLB employees as private parties working in RICO Sinaloa Cartel
CV-2014-07755 Benavidez admitting to being a horse rustler stealing 2 Derringer horses
Justin Gray larceny of April 9, 2024; State of NM and NMLB blocking IPRA
Suit against NMAG, Sheriff
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Forest Service-USGS photograph 1935 showing Chapel property native state
Chapel same property as #1 above in 1995
Exclusive ownership of the Nevitt/Derringer property by warranty deed
Exclusive ownership of David Derringer Pre-1907 perfected historical ground water rights of 4 wells, based on US Patent of John C. Gibbs 1895 for irrigation and other purposes of 60 acre/feet per year legally separated from the appurtenant real property as
Legal transfer of all 4 Nevitt/Derringer wells to exclusive ownership of David Derringer from Derringer’s late wife Susan Nevitt
Notice of larceny/extortion by NMLB Justin Gray on April 9, 2024 and refusal to return known Derringer horses. Refusal in cover-up by the State of New Mexico refusing to produce public records in violation of IPRA, counting on the fact with illegal Orders from several Judges that Petitioner cannot us the United States Courts, where Derringer cannot sue the State of NM over violations of IPRA even though Derringer set case law for exactly that when the NMLB stole a horse in 2003. Derringer v. State 133 N.M. 721 (N.M. Ct. App. 2003) 2003 NMCA 73, 68 P.3d 961
TABLE OF AUTHORITIES CITED
CITATIONS SUPPORTING IN RE; DAVID BRIAN DERRINGER IN THE UNITED STATES SUPREME COURT
United States Constitution
New Mexico Constitution
NMSA 29-1-1
NMSA 29-1-2
NMSA 30-16 1
NMSA 30-16-6
NMSA 30-16-8
NMSA 30-16-11
NMSA 30-18-1
NMSA 30-26-1
NMSA 30-39-1
NMSA 77-9-22(F)
NMSA 77-14-3(A)
NMSA 77-16-1
NMSA 77-16-4
NMSA Penal code 118.1
US Code Title 18 Section 96 RICO was enacted by Title IX of the Organized
Crime Control Act of 1970 ( Pub.) US Code Title 18 Section 47
US Code Title 18 Section 152(8)
US Code Title 18 Section 241
US Code Title 18 Section 242
US Code Title 18 Section 641
US Code Title 18 Section 922
US Code Title 18 Section 1341
US Code Title 18 Section 1361
US Code Title 18 Section 1503
US Code Title 18 Section 1505
US Code Title 18 Section 1506
US Code Title 18 Section 1510
US Code Title 18 Section 1512
US Code Title 18 Section 1513
US Code Title 18 Section 1519
US Code Title 18 Section 2381
US Code Title 42 Section 1981
US Code Title 42 Section 1982
US Code Title 42 Section 1983
US Code Title 42 Section 1985
US Code Title 42 Section 1986
US Code Title 42 Section 3617
US CONSTITUTION SUPREMACY CLAUSE ARTICLE VI
14th Amendment Section 3
1ST, 4TH , 5TH, 8TH, 9TH, 10TH, 13TH, 14TH, Amendments
US Code Title 28 Section 455
Declaration of Independence
Act of 1989 Whistleblower Protection
Act of July 20, 1892, Ch. 209, 27 Stat. 252 (codified as amended at 28 U.S.C.
1915 (1982)).
US Supreme Court decisions,
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91 65 S. Ct. 1031
268 U.S. 619 45 S. Ct. 621
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119 S. Ct. 2240
America (UAW-CIO) Supreme Court of the United States March 1 1, 1957 352
U.S. 567 77 S. Ct. 529
American Communications Ass'n, C.I.O., v. Douds Supreme Court of the United
States May 08, 1950 339 U.S. 382 70 S. Ct. 674
Anderson v. U.S. U.S. W. Va.1974 94 S. Ct. 2253, 417 U.S. 21 1, 41 L.Ed.2d 20
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100 S. Ct. 915
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56 92 S. Ct.
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March 23, 2010 559 U.S. 260 130 S. Ct. 1367
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Tyus v. Martinez, 106 Supreme court 1787, 475 US 1138, 90 L.Ed.2d 333 on remand 800 F.2d 230
U.S. v. Brenson, 104 F.3d 1267, rehearing denied 1 13 F.3d 1253, cert. denied 1 18 Supreme Court 214, 139 L.Ed.2d 148
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
U.S. v. International Union United Auto., Aircraft and Agro Implement Workers S. Ct
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
U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980)
U.S. v. Wilson, C.A. 4 (W. Va.) 1986 796 F.2d 55, on remand 640 F. supp. 238 cert denied 107 S. Ct. 896, 479 US 1039, 93 L.Ed.2d 848
United States v. Burr, 25 F. Cas. 30, 35 (No. 14,692d) S. Ct. (CC Va. 1807) (Marshall, C.J.). Supreme Court
United States v. Colorado Supreme Court, No. 98-1081, 1 0 th USCA
United States v. Taylor, 487 U.S.326, 108 S. Ct. 2413, 101 L. Ed. 2d 297,56
U.S.L.W. 4744
United Student Aid Funds, Inc. v. Espinosa Supreme Court of the United States
US Supreme Court in US Supreme Court No. 10-1521
US v. Guest, US Ga. 1966, 86 S. Ct. 1170, 383 US 745, 16 L.Ed.2d 239
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
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US v. Risken, 788 F.2d 1361 cert. denied 107 Supreme Court 329, 479 US 923, 93
L.Ed.2d 302 "18 USCA 1512
Village of Willow brook v. Olech, 528 US 562, 120 Supreme Court 1073 (2000)
CASE LAW:
NM Ct. App. 1979) cert denied 94 N.M. 628, 614 P.2d 545 (1980)
NM Ct. App. 2012 77-16-1 FENCE THEM OUT No. 12-8853
1 13 S. Ct. 2429, 508 US 945, 124 L.Ed.2d 650,101 L.Ed.2d 788, on remand 852 F.2d 1288, 118 cong. Rec. 7168 (1972), 513 U.S. 941, 130 L.Ed.2d 303 cert denied, 640 F. supp. 238 cert denied 107 S. Ct. 896, 479 US 1039, 93 L.Ed.2d 848, 67 L.Ed.2d 769 rehearing denied 101 S. Ct. 3100, 452 US 955, 69 L.Ed.2d 965, 90
L.Ed,2d 333 on remand 800 F.2d 230, 901 P.2d 761 NM App. 1995
Adamson v. C.I.R. CA9 1984, 745 F.2d 541
Addington (Page 9) Farmer's Elevator Mutual Insurance, 650 F.2d 663, 668 (5th Cir. 1981) (quoting Hazel-Atlas Glass, 322 U.S. 238, 245-46, 64 S. Ct. 997, 1002
Addington v. Farmer's Elevator Mut. Ins. Co., 650 F.2d 663, 668 (5th Cir.), cert. denied, 454 U.S. 1098 (1981) (citing, among other authorities, Hazel-Atlas, 322 U.S. at 245-46; Wright, Miller & Kane at 2870)
Albemarle Paper co. v. Moody, 422 U.S. 405, 416, 421 (1975)
Allen F. Moore v. Stanley F. Sievers, 336 Ill. 3 16; 168 N.E. 259 (1929")
Andrews v. Steinberg, 122 Misc.2d 468, 471 NYS..2d 764, NY supp. 1983
Aoude v. Mobile Oil corp., 892 F.2d 1115, 1118 (1st Cir. 1989)
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 1 117, 145 L.Ed.2d 815
Arizona & C. R. co. v. Denver & R. G. R. co., 84 P. 1018 N.M.Terr.,1906
Bailey v. Internal Revenue Service, No. 98-CV-123-TUC-RTT (JMR), 1998 US.
Dist. Lexis 21517 at (D. Ariz. 1998) (citing Wright, Miller & Kane at 2870
(quoting England v. Doyle, 21 F.2d 304, 309 (9th Cir. 1960))
Bailey v. Patterson, 369 U. S. 31, 369 U. S. 32-33
Mortgage co. v. United states, 423 F.2d 73, 79 (5th Cir. 1970)
Barela v. Lopez, 76 N.M. 632, 417 P.2d 441 (1966)
Beavers v. Johnson Controls World Services Inc. 120 NM 343,
Birdo v. Rodriquez, 84 NM 207, 501 P.2d 195 (1972)
Caffey v. Johnson, 883 F. Supp. 128
California First Bank v. State Dep't of Alcoholic Beverage Control, 1990-NMSC106, 111 N.M. 64, 801 P.2d 646
Cartelio v. US CCA8 (MO) 1937, 93 F.2d 412 Canello v. US CCA8 (MO) 1937, 93 F.2d 412
Celotex corp. v. Catrett, 477 US 317, 324 (1986)
Cf.P. Bator, P. Mishkin, D. Shapiro, & H. Wshsler, Hart and Weshsler's The
Federal Courts and the Federal System, 336 (2d. ed 1973
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Citizens State Bank of Barstow.Tex v. Vidal, 1 14 F.2d 380 C.A. I O.N.M.,1940
Cladfelter v. Reynolds, 68 N.M. 61, 358 P.2d 626 (1961)
Cockrell v. Board of Regents of New Mexico State University, 983 P.2d 427, 127 NM. 487 1999-NMCA-073 cert granted 4 P.3d 1241, 129 N.M. 250 N.M. App.
1999
Commercial Carrier Corp. v. Indian River County, 371 So.2d 1010, 1020 (Fla. 1979)
Conejos County Lumber Co. v. Citizens Sav. & Loan Ass'n, 80 N.M. 612, 459
P.2d 138 (1969)
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Constitutional Stare Decisis 103 Harv. L. Rev. 1344, 1347 (1990) Fairchild v.
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DC 144, cert denied 97 S. Ct. 1155, 429 US 1 120, 51 Led.2d 570 25,
Demjanjuk v. Petrovsky, 10 F.3d 338, 348 (6th Cir. 1993)
Dennis v. Sparks, 101 S. Ct. 183, 449 US 24, 66 L.Ed.2d 185
Derringer v. State 133 N.M. 721 (N.M. Ct. App. 2003) 2003 NMCA 73 68 P.3d
DelTinger V. Turney, 2001-NMCA-075, 131 N.M. 40, 33 P.3d 40
Dictograph Products co. v. Sonotone corp., 230 F.2d 131, 137 (2d Cir. 1956)
Dixon v. Commissioner, No. 00-70858, 2003 U.S. App. LEXIS 4831, at * 11-12 (9th Cir. Mar. 18, 2003), amending 316 F.3d 1041 (9th Cir. 2003)
Dunham v. Dunham, 57 Ill. App. 475 (1894)
Edwards v. Wiley, 374 P.2d 284, 70 N.M. 400 "N.M. 1962
Federalist No. 47 by James Madison
Federalist No. 78 by Alexander Hamilton
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Giron v. Corrections Corp. of America, 14 F.Supp.2d 1245 Gleason v. Jandrucko, 860 F.2d 556, 559 (2d Cir. 1989)
Golden v. Zwickler, 394 U. S. 103, 394 U. S. 109-110 (1969)
Gonzales v. Oil Workers Int'l Union, 77 N.M. 61, 419 P.2d 257 (1966)
Gonzales v. Raich, No. 03-1454
Greiner v. City of Champlin, 152 F.3d 787, 789 (8th Cir. 1998)
Griffin v. Breckenridge, 403 US 88 (1971) Footnote[ 101] 383 US 787 (1966)
Hadges v. Yonkers Racing COQ, 48 F.3d 1320, 1325 (2d Cir. 1995)
Hampton v. Chicago, 484 F.2d 602, 610 (CA7 1973) cert denied 415 U.S. 917 (1974)
Harrison v. Bd. of Regents of the Univ. of New Mexico, 2013-NMCA-105, 2, 311 P.3d 1236
Hazel-Atlas Glass co. v. Hartford-Empire co., 322 U.S. 238 (1944)
Hedrick v. Perry, 102 F.2d 802 Hedrick v. Perry, 102 F.2d 802
Herring, 424 F.3d at 386
Hill v. Silsbee Independent Scholl dist., 933 F. supp. 616 ED Tex. 1996 Holmes v. Faycus, 85 NM 740, 516 P.2d 1123 (Ct. App. 1973).
Homan v. City of Reading, ED Pa. 1997 963 F. supp. 485
Home Mortgage Bank v. Ryan, 986 F.2d 372, 375 (1 Cir. 1993)
Hughes v. Dyer, DC Mo. 1974, 378 F. supp. 1305
Humbert, 655 N.E.2d at 607; K.M., 65 1 N.E.2d at 277
In re Adoption of Infant Female Fitz, 778 N.E.2d 432, 437 (Ind. Ct App. 2002)
In re Aquinda, 241 F.3d 194
In Bulloch v. United states, 763 F.2d 11 15, 1121 (10th Cir. 1985)
In Korematsu v. United States, 323 U.S. 214 (1944)
In re Machne Israel, Inc., 48 F. Applx 859, 863 n.2 (3d Cir. 2002) (quoting Nat'l Sur. co. ofN.Y. v. State Bank ofHumb01dt, 120 F. 593, 599 (8th Cir. 1903))
In re Rochkind, 128 B.R. 520 Mich. 1991
In re Sawyer, 124 U.S. 200 (1888)
In re Sealed case, 162 F.3d 670, 333 US App DC 245
In re Village of Willowbrook, 37 Ill.App.2d 393 (1962)
In re Williamson 43 BR 813
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)
John Doe and Five Unnamed Corporations v. State ex rel. Governor's Organized
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Jones ET UX v. Alfred H. Mayer Co. ET AL, certiorari to the United States Court of Appeals for the Eighth Circuit, No. 645 Kelson v. City of Springfield, 767 F.2 651 (1985)
Kenner v. C.I.R., 387 F.3d 689 (1968)
Kenner v. Comm'r of Internal Revenue, 387 F.2d 689, 691 (7th Cir. 1968).
Kerwit Med. Prods., Inc. v. N. & H. Instruments, Inc., 616 F.2d 833, 837 (11th Cir. 1980).
Kitzman, supra, at 586; Smeland, supra, at 987; Resaake, supra, at 566
Kupferman v. Consol. Research & Mfg. Corp., 459 F.2d 1072, 1078 (3d Cir. 1972)
Luian v. McCuistion, 232 P.2d 478, 55 NM 275
Madrid v. spears, 250 F.2d 51 (10th Cir. 1957)
Marchbanks v. Young, 139 P.2d 594, 47 N.M. 213 N.M. 1943
Marine Ins. co. of Alexandria v. Hodgson, 11 U.S. (7 Cranch) 332, 336 (1813)
Marshall v. Holmes, 141 U.S. 589 (1891)
Martinez v. Winner 771 F.2d 424 opinion modified on denial of rehearing 778
F.2d 553, cert granted, vacated
Martinez v. Winner, 771 F.2d 424 opinion modified on denial of rehearing 778
F.2d 553, cert granted, vacated
Maryland Casualty co. v. Pacific Coal & Oil co., 312 U. S. 270, 312 U. S. 273 (1941)
Massachusetts v. Mellon, 262 U. S. 447, 262 U. S. 488 (1923)
Mathers v. Texaco, Inc., 77 N.M. 239, 421 p.2d 771 (1966)
May v. Marijo corp., 207 Neb. 422, 299 N.W. 2d 433, 434 (1980)
McBeth v. Nissan Motor corp. USA, 921 F. supp. 1473 "DSC 1996
McGinnity, supra; See also National Surety Company v. State, 120 F. 593 (8th Cir, 1903)
McKinney V. Gannett Co. Inc. 660 F. Supp 984, appeal dismissed, cause remanded 694 F.2d 1240 on remand 660 F. supp. 1037. Affirmed 817 F.2d 659
Meade v. Grubbs 841 F.2d 1512, 1527-28 (10 th Cir. 1988)
Milliken v. Martinez 159 P. 952, 22 NM 61
Monroe v. Pape, 365 U.S., at 184
Montgomery v. cook, 76 NM 199, 413 P.2d 477 (1966)
Montoya v. Blackhurst, 84 N.M. 91, 500 P.2d 176 (1972)
Moore's Federal Practice 3d 60.21[4] [a] (3d ed. 2003)
Moore's Federal Practice, 2d ed., p. 512, 60.23
Muckieroy v. Muckieroy, 498 P.2d 1357 N.M., 19721 18 cong. Rec. 7168 (1972)
New York Times Co. v. Sullivan 376 US 254, 265 (1964)
Nienstedt v. Wetzel 133 Ariz. 348, 651 P.2d 876 1982
Nixon v. Fitzgerald, 457 US 731, 763 (1981)
NM Ct. App. No. 12-8853 FENCE TI-EM OUT
Oliver v. Foster DC Tes. 1981 524 F. supp. 927
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People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934)
People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980)
Phelps v. Hamilton, 122 F.3d 1309, 1323 (1 0 th Cir. 1997)
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Pinter v. Pinter, 641 N.E.2d 101, 104 (Ind. Ct. App. 1994)
Pumphrey v. K.W. Thompson Tool co., 62 F.3d 1 128, 1 131 (9th Cir. 1995)
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Rogers v. Lyle Adjustment co., 70 209, 372 P.2d 797 (1962).
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Scheuer v. Rhodes, 416 US 232, 241 (1974)
Schwarz v. Folloder, 767 F.2d 125 (5 Cir. 08/01/1985)
Schwarz v. Folloder, 767 F.2d 125 (5th Cir. 08/01/1985)
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Stonger, 776 N.E.2d at 357
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T. Cooley, Constitutional Limitations 885 (8th ed. 1927)
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The Idaho, 93 U.S. 575 U.S.N.Y.,1876
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United States v. Guest, 383 US 745 (1966)
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United States v. Timmons, 672 F.2d 1373 (l Ith Cir. 1982),
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Wojcik v. Town of North Smithfield, 87 F. Supp. 508 affirmed 76 F.3d 1
Woodward v. City of Worland, 977 F.2d 1392, 1400 (10 th Cir. 1992)
Wright, Miller & Kane at 2870 (citing Universal Oil Products Co. v. Root Ref. co., 328 U.S. 575, 580 (1946))
Yakus v. U.S 321 U.S. 414 pg. 468 (1944)
Yick Wo v. Hopkins, 118 US 356 (1886)
1
OPINIONS BELOW
There is no statute of limitations for bringing a fraud upon the court claim. Hazel-Atlas, 322 U.S. at 244. UNDERLYING stated corruption of New Mexico Courts facilitation and protection of the invading Mexican National Sinaloa Carte and domestic terrorism: No. S-l-SC-39680, Court of Appeals No. A-I-CA-40690, 7th District Court: CV-94-10; CV-02-19, D-727-CV-2021-00028, 13th District Court: D-1314-CV-2021-00541 -Derringer v. Davis & Derringer v. State of New Mexico ete al., 2nd District Court: D-002-CV-2014-07755, CV-2022-03437, CV-2023-05227, CV-2023-07042, CV-2023-09203, CV-2023-09552, CV-2023-09874, CV-2024-00261, false criminal Complaints T-4-CR2023-002115 and T-4-CR-2023-003902, United States Supreme Court former petitions of the same ongoing issues "denied" opportunity to be heard by the "cert pool" simply USSC clerk, Petitions never heard by any Justice. USSC #03-837, #18-7785: Derringer v. Mick C. Chapel et al- United States Supreme Court No. 03837 Derringer v. New Mexico Supreme Court et al-United States Supreme Court No. 18-7785.
JURISDICTION
NOTICE: Although it is well known that the US Supreme Court takes only a very small percentage of presented cases, these matters are "ripe" for stopping New Mexico judicial abuse destroying Section I Article Ill, destruction and falsification of court and public records, illegal Orders from judges against the Petitioner not to use the United States Courts, not to represent himself pro-se, denials of mandated Default judgements, denial of trials and jury, and egregious acts that entirely defeat Article III. The collusion of RICO by the judiciary and public officials and attorneys, supercedes all rule of law, and usurps all power to deny the mandated the right to be heard for the benefit of every citizen in the United States of America, with Judges falsely claiming the use of the courts “is a privilege, and not a right”; when the Constitution they swore
2
to God to uphold states different. These Dictatorship acts are happening all across America and the US Supreme Court has a duty to protect all citizens from RICO and obstruction of justice perpetrated by the “judicial terrorism”. State ex rel. Collier v. New Mexico Livestock Bd. P.3d, 2013 WL 5288766, N.M. App., September 17, 2013 (NO. 32,191); U.S. v. Howard C.A.5 (La.) 1978, 569 F.2d 133 1, certiorari denied 99 S. Ct. 1 16, 439 U.S. 834, 58 L.Ed.2d 130. The United States Supreme Court has Original Jurisdiction for considerations governing review of Extraordinary Special Writ for Mandamus and Prohibition under 28 USC 1651 (a), 2241, and 2254(a). After exhausting all Courts in 18 separate Civil suits, and winning all by DEFAULT with the attorneys, Defendants and the Judges doing FRAUD ON THE COURT, and obstruction of justice ignoring Plaintiff’s Motions for Default, the Judges deprive “justice” of Default judgments to protect larceny by state employees, protect domestic terrorist and worse, Judges take bribes and kick-backs directly from the invasion of the Mexican Sinaloa Cartel and profits from stealing and selling Petitioner’s real and personal property, including, but not limited to now stealing 756 + known Derringer cherished horses worth $75,600,000.00 and murdering them for slaughter for meat sales. With knowledge of Default of the Defendants, in now 18 suits of Plaintiff Derringer, Judges both block and ignore Motions for Default, even responding by Order for the Plaintiff not to file pleadings or litigate, and also Order Plaintiff not to ever file another Complaint “in the future” so as to protect the criminals perpetually, barring Petitioner from the very rights of due process, equal protection and “rights to sue” (42 USC 1983) illegally Ordering Plaintiff Derringer not to use the United States Court system. [Exhibits 1] Judges themselves falsify the court record in felonies as do also defending attorneys. Although mandated by Rule and Case law to simultaneously enter Order with filing of Default, the Judges protect all Defendants and the underlying invading Mexican National Sinaloa Cartel, and the
3
foreign “British” involved with the RICO racketeering horse rustling, and other drug and human trafficking by no Order or ruling deliberately to stall, deny, defeat, and obstruct the appellate process of Article III. This entails all NM Government, and all agencies, including the extreme corruption of the New Mexico Supreme Court, protecting all NM felon employees and the Sinaloa Cartel, as the court of last resort of the State of New Mexico. The US Supreme Court under Petition for Extraordinary Writ is the last resort for "justice". Derringer is trapped in the 13th Amendment imprisonment and involuntary servitude of NM public saturated Democratic corruption, where Petitioner is deliberately denied Constitution as an extinction of “citizenship” by criminally violating US Code Title 18 Sections 241, 242, 1503, 1505, RICO, 2381, 3617,1st , 4th , 5th, 7th, 8th, 9th, 10th , 13th, and 14th Amendments. The NM Courts threaten, intimidate and coerce a Pro-Se litigant to stop litigation, claiming the Plaintiff has no right to be Pro-Se, and deny 1st Amendment rights of placing the truth of public and judicial corruption in public records in a court record that can be accessed in disclosure to the public through ("FOIA" and NM IPRA") exposing judicial corruption. These non-judicial acts are "intimidation", "threats", "coercion", and by falsely and illegally "weaponizing the courts to criminally attack" a pro-se party with intent to silence in incarceration by motive to assassinate. In retaliation of Civil Suits, the NMLB steals with the Sinaloa Cartel kills Derringer animals in domestic terrorism as violations of obstruction of justice and intimidation. The Bill of Rights grants David Derringer rights as a "sovereign citizen of America" with a right to freedom and liberty and happiness without enslavement or forced involuntary servitude by others under violations of the 13th Amendment in public corruption. Petitioner cannot be denied or enslaved to be required to "ask permission" to file suit of Civil Rights deprivations by a single judge for future suits, not already assigned to any particular case in mis us of FRCP Rule I l. Petitioner cannot be denied access
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and use of the US Courts under US Code Title 42 Section 1981, 1982, 1983, 1985, 1986, AND cannot be persecuted for filing a Complaint against a Judge when that Judge has violated Constitution in treason, and lacking jurisdiction and judicial capacity without either judicial or public immunity, in order for one judge to illegally protect another judge in public corruption. Stump v. Sparkman, 435 U.S. 349 (1978). Derringer thus cannot have his court or public records destroyed, tampered with, and corrupted, by the justices and courts themselves to block and inhibit appeals of deprivations of Constitution and all laws. Petitioner cannot be singled out as a "targeted individual" by "judicial terrorism" and persecuted for exercising his 1st Amendment right to expose public corruption, and is thus protected by the federal obstruction of justice, and obstruction of proceedings under United States Code Title 18 Sections 241, 242, and 1503, and protected additionally for exposing and "whistleblowing" on this public corruption by the Whistle-blowing act" of 1989, and then attacked, stealing Derringer’s real lands and stealing the killing Derringer horses. “Courts are responsible to the fundamental law and no other authority can intervene to force or authorize the judicial body to disregard it." Yakus v. U.S 321 U.S. 414 pg. 468 (1944). Petitioner cannot be intimidated or subjected to extortion by judicial use of RICO racketeering and treason use of the Sinaloa Cartel for political agendas to overrule law in destruction of Article III. David Derringer has unalienable rights by Consent of Authority in the Declaration of Independence and the Law. Sandin v. Conner 515 US 472 - 1995 - United States Supreme Court - Cited by 8158. Petitioner has all rights under Constitution as a "sovereign citizen" in the American Republic as designed by Congress, Constitution, Amendments, Bill of Rights, and Declaration of Independence. Petitioner has guaranteed rights Title 42 U.S.C. Section 1981 (a) "rights to sue" as all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties,
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give evidence, and to the full and equal protection and full and equal benefit of all laws, and to file suit without court "permission." Petitioner is afforded the right to Pro-Se representation in any court of law in the United States at any time, both civil and criminal, under the provisions of the 4th , 5th , and 14th Amendment and Title 42 U.S.C. Section 1981 (a), and cannot be stopped by dictatorship of a particular justice in bias and prejudice with discrimination against David Derringer in particular. Petitioner has been forced in attempt to decimate all rights by the NM Ct. App. knowingly remanding the Case CV-2022-03437 of jurisdictional defect and fundamental error, back to RECUSED Judge Ortega, to rig the case against Plaintiff Derringer where all Defendants are in default, wherein the Defendants have no standing to litigate, present evidence, present testimony or exhibits, yet have done so in ex-parte hearings before a recused Judge without the Plaintiff; and where the Plaintiff was denied any Default hearing, denied trial and the Judge Ortega embezzled jury fee and orchestrated an assassination attempts against Derringer well documented in court record. Plaintiff cannot be forced to stand before a recused judge, and cannot be denied the Petitioner’s jury, in misuse of judicial power, or stopped from filing "future" suits not in the judicial capacity or authority or jurisdiction of the particular judge. Petitioner cannot be denied filing suit due to any of Derringer's beliefs, religion, ethnical ties, or to be persecuted and harassed for former use of any court not subject to res judicata, collateral estoppel or the law of some former case, and David Derringer's court pleadings cannot be perused by any justice prior to the jurisdiction and assignment of the judge 'after filing with the clerk of the court', and such court papers to be filed cannot be denied before filing with any Judge Ordering the clerk of the court not to file any papers as a mandated ministerial act from singled-out Plaintiff Derringer. The NMSC has violated the Constitution, the US Code, the Supremacy Clause, the statutory scheme of New Mexico including the New Mexico
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Constitution, Oath, and rights of due process and equal protection and violations of the 1st , 4th , 5th , 6th , 8th , 10th , 13th , and 14th Amendments, and condones and endorses RICO "pay to play" violations against David Derringer as a means of a tool to stop David Derringer's legal use of the court system so as to stop further Derringer disclosures in judicial records of public and judicial fraud. After David Derringer legally, sued NM State Judges in the US Federal 10th Circuit District Court for the District of New Mexico, wherein such NM Judges were entirely liable working outside of both jurisdiction and judicial capacity, the court acted in fraud and RICO to Order David Derringer no further use of the court falsely claiming it is a "privilege" not a RIGHT in order to hide, conceal judicial corruption from the public in violation of FOIA and NM State IPRA. [Exhibits 1] They protected all NM Judges in total violation of Stump V. Sparkman 435 U.S. 349 (1978), yet quoted that case as reason to persecute and deny all future due process against Plaintiff, despite violation of all Derringer’s Civil and Constitutional rights with illegal Order blocking all further filings in the Federal Court, including illegal Order denying the Court Clerk to not file in ministerial acts, before any judge had any legal jurisdiction to read or know what the filing was (illegally reading it anyway and denying it before being assigned the Case). The US District Court for the District of New Mexico 10th Circuit New Mexico Judges have also Ordered Derringer not to file pleadings in obstruction of justice and violations of 18 USC 241, 242, 1503, and 1505. Clearly, with any judge deciding who, if, and when a US Citizen can or cannot use the United States Courts, each judge becomes a dictator despot in absolutism to destroy the judicial branch of government Article III, making justice and redress impossible. 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
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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, 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). Unethical and criminal traitors as judges have infiltrated the NM judicial system, having bribes and corruption goods on one another to be able to keep the integrity of their communal good ol' boy comradery intact by fear of each of public exposure and instilling fear in all representing attorneys that careers will be ruined by "black ball" of any attorney that chooses to bring a case against a judge. Against pro-se litigants, the judicial solution is to illegally Order a citizen unable to lawfully file without any possible jurisdiction of any judge to peruse a Complaint or pleading before filing without jurisdiction or judicial authority without assignment to the case, and so if it contains any exposure of corruption of the judiciary (violation of the 1st Amendment), then any judge Orders the court clerk not to allow legal filing. The disgusting tyranny and oppression of judges above the law forcefully subjugating and enslaving the public to cover their corruptions and indiscretions should shock the conscience of any US Supreme Court justice. There are an extreme number of United States Supreme Court case laws of already decided important federal questions, that have already made decisions that entirely conflict with all of the crimes being perpetrated against singled-out and targeted whistleblower David Derringer by the State and Federal Courts, making both the State of New
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Mexico and the US Government entirely liable for restitution and severe punitive damages of which have ruined David Derringer's life for 32 years. The US Supreme Court and the foundations of the "American Republic" mandate decisions to stop the "rogue" judges whom believe they are in total power over 'WE THE PEOPLE". The US Supreme Court as original jurisdiction court, have a duty to provide use and due process and equal protection to a pro-se citizen Under the 1st, 4th, 5th, and 14th Amendments, US Code Title 42 Section 1981, 1982, 1983, 1985, 1986, and throughout the appellate process. See US v. Guest, US Ga. 1966, 86 S. Ct. 1170, 383 US 745, 16 L.Ed.2d 239. David Derringer has been forced to litigate before a "recused" judge, persecuted, intimidated, denied jury, denied RIGHTS under Constitution, denied the Rules of Civil Procedure and hearing held ex-parte without the Plaintiff, harassed as a "targeted individual" because David Derringer has exposed the corruption of the judiciary, as a whistleblower. The U.S. Supreme Court now has jurisdiction to review the New Mexico Supreme Court, and the 18 underlying Plaintiff Derringer won Defaulted cases, due to RICO and judicial fraud, and has "superintending control" by mandamus and prohibition over the NM and 10th Circuit Judiciary that has violated all Constitution and law, including but not limited, to all law ever decided by the US Supreme Court as the superior court to the NM Supreme Court. Fraud on the court is saturated in all matters herein that vitiates the entire Judgments of all cases defined herein. The US Supreme Court has a duty and ability to advise the US Senate Judiciary Committee and the FBI, Department of Justice, and the Pentagon to initiate an investigation for prosecution of all herein for the threat to national security of treason. "Embodied in the Fourteenth Amendment", right to bodily integrity is the right to be free from unauthorized and unlawful physical abuse at the hands of the state by a state official acting or claiming to act under color of law, when the alleged conduct involving both treason and RICO is of such a nature as
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to shock one's conscience." U.S. v. Giordano, D.Conn.2002, 260 F.Supp.2d 477. The US Congress can stop all federal funds to the State of New Mexico because the State has deprived citizens of Constitutional rights; and redress and compensation by secession of the Union, and persecutes David Derringer for Constitutional deprivation and criminal acts by public officials that "shock the conscience and all judicial acts were in violation of the Supremacy Clause.” David Derringer has been “imprisoned" in the public corruption of New Mexico functioning as a foreign State that has seceded from the Union by depriving its citizens all Constitutional and other rights as US citizens, targeting and forced involuntary servitude in violation of the 13th Amendment. New York Times Co. v. Sullivan 376 US 254, 265 (1964) (finding that application of both statutory and common law constitutes state action for purposes of Constitutional violations).
CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED
Petitioner has guaranteed rights to due process and equal protection under the 1st, 4th, 5th and 14th Amendments. No court can peruse court pleadings without prior being filed with the court and cannot prevent clerk filing when such pleading discloses public and judicial corruption under the 1st Amendment; a violation of both jurisdiction and judicial capacity in fundamental error. The 5th Amendment "takings" clause prohibits government involvement with the Sinaloa Cartel stealing Derringer horses, as well as the 14th Amendment Section 3, and treason under 18 USC 2381. Petitioner has guaranteed rights use of the US Court system pro-se without being forced to have an attorney, and cannot be forced to submit his Complaints and other court papers for perusal before the court has any jurisdiction before filing; violating "due process and equal protection" under the 4th, 5th and 14th Amendments. Derringer cannot be persecuted by a Judge requiring "permission" to file a pleading or be threatened with contempt
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of court and imprisonment when legally acting under due process ie. enabled legally under Rule 60 and other matters. A pro-se citizen cannot be prevented by Order from filing in any US court with any court clerk, and judges cannot rob commit larceny and fraud to steal court pleadings before filing to destroy them to taint the court record, and courts cannot bock appeals; violating "due process and equal protection" under the 4th, 5th, and 14th Amendments. In this matter the New Mexico State government, specific state agencies and employees, have entered into a treason with the invading Mexican National Sinaloa Cartel for use of cocaine and pedophile use and abuse of some of the missing 85,000 minor human trafficked illegal aliens from the Cartel, and deny and block Derringer judgments to prevent both justice and redress, block appeals, terrorize the Petitioner by denial of legal use of all state agencies, denial of all due process and equal protection, and steal and murder all Derringer horses in revenge, retribution and terrorism. Police refuse to come to Derringer emergency 911 calls, and the BCSO "ORDERS" Derringer not to use or call 9-1-1, making criminal hate crimes against the Petitioner with no avenue of escape. The NM Courts have destroyed any meaning of US Constitution Article III. Petitioner is a “sovereign citizen" in the American Republic as designed by Congress, Constitution, Amendments, Bill of Rights, and Declaration of Independence. Petitioner has guaranteed rights Title 42 U.S.C, Section 1981 (a) "rights to sue" to equal protection and full and equal benefit of all laws, to file suit without court "permission". Petitioner is afforded the right to Pro-Se representation in any court of law in the United States at any time, both civil and criminal, under the provisions of the 4th 5th and 14th Amendment and Title 42 U.S.C. Section 1981 (a), and cannot be stopped by dictatorship of a particular justice in bias and prejudice against David Derringer in particular, cannot be forced to stand before a recused judge, and cannot be denied the Petitioner's jury, in misuse of judicial power,
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or stopped from filing "future" suits not in the judicial capacity or authority or jurisdiction of any particular judge. Petitioner cannot be denied filing suit due to any of Derringer's beliefs, religion, ethnical ties, or to be persecuted and harassed for former use of any court not subject to res judicata, collateral estoppel or the law of some former case, and David Derringer's court pleadings cannot be perused by any justice prior to the jurisdiction and assignment of the judge 'after filing with the clerk of the court', and such court papers to be filed cannot be denied before filing with the clerk of the court.
STATEMENT OF THE CASE
INTRODUCTION:
These entire matters involve the treason, sedition, secession of the government of the State of New Mexico under total Democratic control, instigating a political coup against the United States designed to overthrow the Constitution and convert to a Communist authoritarian totalitarian state, disregarding the Constitution, and sabotaging and permanently damaging Section 1 Article Ill. This entails a long history of 32 year persecution against the Petitioner of unethical Judges, Justices, administration of all three branches of government infiltrating the system, including Judicial Standards, the Bar Disciplinary Board and governmental agencies to work in concert, with deliberate use of the invading Mexican National Sinaloa Cartel as a criminal vehicle to not only terrorize the American citizens, but to gain wealth of the elite party to take vast drug money bribes, perks, and gain their use of cocaine, methylamphetamines, fentanyl, human trafficked minors for pedophiles, and fully illegal automatic firearms supplied by the Sinaloa Cartel in trade for Sinaloa Cartel protection of all RICO racketeering industries in New Mexico including horse rustling and illegally selling known Derringer horses for $ Millions, and other debauchery. For such protection of the Sinaloa Cartel and elite felon state
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employees, cases are "rigged" against all law, rampant fraud on the court is ignored, and Constitution, Statutory law both state and federal is denied, due process, equal protection is denied, as are requests for a jury, and Judges are selected not randomly, but particularly suited for a case to deny justice and redress if the case involves exposure of public corruption, legal attack against any state employee, and absolute protection for the Sinaloa Cartel. Sustained herein, the Petitioner has undeniable proof of being singled-out, discriminated against as a "class of one", targeted, persecuted, and all destruction of "life, liberty, and happiness", due to the Petitioner being a whistleblower exposing the extreme public corruption of the State of New Mexico. New Mexico has by sedition, seceded from the Union operating at all times against the Constriction wherein all federal funds are mandated denied.
In 1992, David Derringer and wife Susan Nevitt purchased in clear title and warranty deed without mortgage, real estate contract or any encumbrances a 40-acre property that had been unoccupied for about 39 years without structures. US Patent of this property was granted in 1895 to John C. Gibbs who had used it for livestock and other purposes by developing the water, wherein it had the original well of 1895, and predecessor in title Ray Eichner, had drilled a second well. As the Gallup Basin was not closed by the NM State Engineer (OSE), Nevitt/Derringer immediately drilled two additional wells, not under the jurisdiction of the OSE. Nevitt Derringers thus developed the property over the next 14 years with 2 cabins, a 3,200 ft house, a mobile home double-wide, round pen, arena, three barns, outside toilet and shower facilities, storage container, 4 large storage barns, many horse, llama, goat pens, chicken coup, and animal amenities, and farmed 20 acres and used and developed 3 of the other 20 acres of natural forest for a tree farm and sustainable acreage, with both incoming power as well as solar and water generators of the Harris Creek. There were 3 historically existing stock ponds
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and 11 live springs on the property. Upon purchase, the only neighbor was downstream Northern Mickey C. Chapel and family. Instantly upon arrival purchase the Nevitt/Derringers were viciously attacked relentlessly by the Chapels and up to 15 to 40 other men that terrorized, killed livestock, stalked wife Susan Nevitt, harassing phone calls, death threats and other extreme domestic terrorism with use of firearms, attack hunting dogs and spotlighting and other deliberate and malicious acts. The Nevitt/Derringers had purchased the property of Ray Eichner, wherein there had been no disclosure of the later found fact that Chapels had terrorized Eichners’, so they had never moved to their intended retirement property, but refused to sell to Chapels. Come to find out, Eichner had hired attorney Thomas Fitch to represent them when Chapels fenced off the entrance and fenced-stole acreage to keep Eichner from his legal ingress, and wherein Fitch was found to have been on cocaine in cahoots with Chapels drug Sinaloa Cartel trafficking at mile marker 21, Hwy 32, Quemado, NM 87829, where it was found that the Chapel property is the main Sinaloa Cartel helicopter landing zone in New Mexico for drug, human illegal aliens, terrorists, slaves, minor children, automatic weapons and other trafficking into New Mexico and the United States. Nevitt/Derringers then realized and witnessed constantly that they had bought a property directly next to the Mexican Sinaloa Cartel helicopter landing zone of extreme traffic of helicopters of “sky-blue Huey, Blackhawk, and white Chinooks, all non-military and without identification, aircraft of Piper Super Cub, C-130, and Cessna were making drops of drug packages at the Chapel’s front field and the Northern mesa a ½ mile away wherein Chapels used 4-wheelers for delivery movement of the contraband. Chapels used fully automatic firearms from the Sinaloa Cartel in intimidation of the Derringers, later found to be sold to the Catron County Sheriff, and Bernalillo County Sheriff Departments as illegal contraband. Nevitt/Derringers witnessed constant human and children trafficking of
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the Chapel property. When the extreme terrorism did not dislodge Derringers, Chapels, with Cartel money weaponized the NM Courts, with obvious bribes and attacked the Derringers in Catron County Case CV-94-10, wherein they claimed the upstream Derringers were interfering with their irrigation of 26 acres of Pre-1907 historical surface-water rights claimed to have been developed in 1902, yet only declared in 1972 by predecessor Daniel Armijo. Derringer engaged attorneys and also filed applications 4615 and 4615-Amended both to force the OSE to investigate the Chapels’ claims, and also to perfect the Derringer’s ground water rights of the then Pre-1907 and Pre-Gallup Basin Closure as not under any jurisdiction of the NM State Engineer (NM a state only in 1912) 4 supplemental Derringer wells for irrigation, recreation and other purposes and the rights to the Derringer 3 historical stock ponds and 11 live springs on the property. OSE Wayne Canon found a historical USDA forest service USGA 1935 aerial photograph [Exhibit 27] of the Chapel property that shows the Chapel property in a “native totally undeveloped state” in 1935, 32 years after the fraudulent claim of both Daniel Armijo in 1972 Declaration #02311, and of Chapels’ illegal pond and claim to irrigation of 26 non-level acres physically impossible. Prior to trial in 1995, Chapels spent over $100,000.00 of use of grant tax money to level and terrace the aforementioned alleged 26 acres claiming that it was like that as per fraudulent declaration #02311. [Exhibit 28], (Chapel property only developed as of 1995). Attorney Thomas Fitch, cocaine addict and former attorney associated with both Eichner and Chapels was “appointed” by the NM Governor and immediately assigned CV-94-10 despite extreme conflict of interest barring such, and wherein despite Derringer’s Petitions for Writ of Mandate and Superintending Control to recuse, the NM Supreme Court denied to ensure Fitch stayed to “rig” the case for protection of the Sinaloa Cartel landing zone and further orchestration to “remove the Nevitt/Derringers” interfering with the Cartel RICO racketeering
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by engaging calls to the FBI, DOJ and DEA. Derringer enabled an undercover 3 DEA agents posed as “hunters” that determined the extent of the trafficking and use of the Quemado Chapels’ Largo Motel and Restaurant, as a drug money laundering operation, and that the location of the Chapel property was deliberately outside the US Border Patrol 120-mile radius from the New Mexico/Mexico Border. “Rigged” CV-94-10 was won therefore by the Chapels’ Cartel and drinking buddy jury, and OSE Wayne Canon perjury and fraud on the court. Derringer and attorney Kate Watson witnessed both judge Fitch and OSE attorney DL Sanders, and OSE Wayne Canon “snorting” cocaine from the bench and public offices. OSE Wayne Canon had made a Memorandum report of April 25, 1995 proclaiming Chapels had no legal claim to water due to the 1935 photograph, and had perfected the Nevitt/Derringer’s proven 1895 claim of John C. Gibbs US Patent, and thus granted perfected ground water 60-acre feet per year of water to Derringers for irrigation, domestic, livestock, recreation, and other purposes including bottled spring water. OSE Wayne Canon then destroyed the Public record public record (18 USC 1519) before trial to construct another of June 5, 1995 in fraud for the trial that alleges Wayne Canon could see Mick Chapel’s irrigation, terraced 26 acres of lands on the 1935 aerial photo as similar to the 1995 photo and therefore lied on the witness stand changing his testimony so as to win the case for Chapels. Derringer was denied an OSE water hearing mandated by statute (NMSA 72-2-16), so Derringer sued {Derringer v. OSE Turney, 2001-NMCA-075, 131 N.M. 40, 33 P.3d 40} to set NM case law for water rights hearings, but the OSE hearing officers denied due process and confirmed Chapels’ illegal Pre-1907 water rights so as to form the basis to “remove the Nevitt/Derringers” as neighbors to the Sinaloa Cartel helicopter landing zone. Judge Fitch had orchestrated an assassination plot against Derringer, Ordered Derringer not to be able to litigate, then abandoned at the last minute of hearing in
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2002, because Derringer well documented it in the 10th Circuit US District Court of cases Derringer v. Fitch et al. to cover-up the entire matter, the 10th Circuit immediately dismissed all Derringer cases and illegally formed a restraining order against Derringer’s use of the United States Courts forever, (in criminal acts of USC 18-241, 242, 1503 and fraud on the court). [Exhibits 1], (footnote) US District Court 10th Circuit 5-27-2008] Derringer’s wife Susan Nevitt was dying from ALS, so Susan legally transferred the Nevitt/Derringer real property exclusively to husband David Derringer in clear Title/Warranty deed, and also legally severed the perfected OSE historical ground water rights of 60-acre feet per year exclusively to the personal property of David Derringer. [Exhibits 29, 30] Chapels illegally in fraud started a foreclosure suit CV-02-19, both as FRAUD ON THE COURT and claiming in perjury to the Court in an ex-parte hearing, that the Nevitt/Derringers were simply tenants of landlords Chapels to illegally claim over $1.2 Million of Derringers personal property alleged “abandoned” (under gunpoint), as well as the $1.5 Million dollars of 40 acre real property in FRAUD ON THE COURT. NMSC Judge John Pope was selected to preside over the orchestrated “removal of the Nevitt/Derringers” in every illegal act against foreclosure laws. Judge Pope was found to be addicted also to cocaine and been in rehab over 9 times with the NMSC claiming to the public that “he had the flue”. on January 11, 2006, wife Susan Nevitt was staying with her mother in her condition, with Derringer alone on the ranch. Judge Pope arranged with the Sinaloa Cartel to criminally attack Derringer, wherein 40 or more Sinaloa Cartel tore off the front Derringer property gate, killed a Derringer dog and cat to precipitate a “fire fight” with intent to murder Derringer. The New Mexico State Police only intervened as a “pose’ to prevent casualties so as to easily remove Derringer illegally to facilitate the adverse takeover of the legal Derringer property, forcing Derringer out “as planned” for the Chapels
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and Sinaloa Cartel adverse possession of the property. This rendered Derringer homeless by fraud and foreign and domestic terrorism at automatic gunpoint from the Derringer legal property. Immediately, upon Chapel adverse possession Chapel destroyed every structure on the Derringer property, stole every item of personal property, and started using the 4 Derringer personal property ground water wells illegally. Chapels have illegally used over 18 ½ years of stealing the Derringer 60-acre feet of Pre-1907 ground water. Chapels have used 713,613,688.29 gallons of exclusively Derringer water of 1,110 acre feet, wherein there is no jurisdiction of the OSE to illegally delegate Chapels’ ownership of the Derringer Pre-1907 groundwater as it is filed as personal property in Catron County under David Derringer. Mathers v. Texaco, Inc., 77 N.M. 239, 421 p.2d 771 (1966). OSE Wayne Cannon destroyed OSE records of the legal transfers of 4 Pre-1907 well ownership from Derringer’s wife Susan Nevitt before her death to all rights exclusively to husband David Derringer. [Exhibit 33], Chapel has used 1,080 acre feet of Derringer water in criminal larceny, or $713,613,688.29 owed to Derringer at $1.00 per gallon. In February, 2016, before the death of wife Susan Nevitt from ALS, Susan and David Derringer for the record signed and transferred all 4 Nevitt/Derringer Pre-1907 ground water well co-ownership of Nevitt/Derringer to exclusively on personal property ownership of David Derringer. 2-18-2016 [Exhibit 31] Wife Susan Nevitt died in April, 2016. OSE, Wayne Canon destroyed public record of the notarized Nevitt/Derringer well transfers, and also destroyed public record of the Derringer receipt of the 4 well transfers to exclusively David Derringer of proof receipt document [Exhibit 31]. (18 USC 1519). Clearly, the conspiracy and fraud was planning future intent of OSE Wayne Canon to forge signatures to illegally transfer the 4 wells to the adverse possession of Mick C. Chapel
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and the Sinaloa Cartel. In 2012, Derringer moved to the Albuquerque West Mesa Pajarito open range, with the 32 working and breeding horses from the Derringer Quemado ranch, and realized that the same Sinaloa Cartel operated unrestrained in “sanctuary” city Albuquerque, and Bernalillo County, with Governor Michelle Lujan Grisham facilitating the New Mexico/Mexico border “wide open” to assist the Sinaloa Cartel RICO operations against the US public in the Democrat political insurrection coup to over-throw the United States. It is found that the English Barclays Bank owns the Santalina west mesa property assisting the RICO operational staging area for all RICO horse rustling, drug, human, weapons, slaves, minor children and other trafficking in New Mexico and the US. This makes Albuquerque #1 in the Nation in cocaine, fentanyl, human trafficking and minor children exploited by the elite NM Judges, politicians, and administration protecting the Cartel, as why the Jeffery Epstein “Zorro pedophile ranch” was located near Santa Fe capitol of New Mexico. Prior, in 2003 Derringer had caught the NMLB in public corruption, stealing a horse, not belonging to either the NMLB or to the personal friend of the NMLB Inspector Tommy Padilla that he wanted to simply give the horse to his buddy Steve Jensen. Knowing personally of the fraud and criminal acts of “horse larceny” NMSA 30-16-1, Derringer exposed the NMLB by requesting IPRA documents to prove the grand larceny against both the NMLB and Steve Jensen, whereas the NMLB made false and fraudulent documents in attempts to cover up the crimes. Derringer sued and won under IPRA damages, setting Case Law for NM regarding IPRA, but the NMLB still succeeded in stealing a horse for their buddy. Derringer v. State 133 N.M. 721 (N.M. Ct. App. 2003) 2003 NMCA 73 68 P.3d 961 opinion No. 23,084. In 2014, as already a Sinaloa Cartel member family history of felony convictions of horse rustling, Sinaloa Cartel Benavidez Jr. stole 2 Derringer horses on the open range Pajarito, and admitted to the horse rustling in
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Derringer v. Benavidez Jr. CV-2014 07755 Answer of January 21, 2015. Derringer has been residing on the Pajarito Mesa, near Albuquerque, South of the English Barclays Bank RICO racketeering private lands of the same Sinaloa Cartel. Barclays was knowingly allowing Benjamin Benavidez Jr. to keep accessing the property Santalina, in total breach of the alleged grazing permits to be the main Sinaloa Cartel horse rustler, working in RICO conspiracy with the New Mexico Livestock Board stealing and selling in felonies stolen Derringer horses for profits. The Sinaloa Cartel has bribed and colluded with both Benavidez Jr., the NMLB, protection by NM law enforcement, and NM Judges using the Santolina as all RICO racketeering operations in the State of New Mexico. The RICO horse rustling on the Santolina and Pajarito have now stolen 756 + Derringer horses $75,600,000.00 ongoing since 2014. [Exhibits 32] In multiple felonies by the NMLB in larceny (NMSA 30-16-1) Derringer cherished horses are being stolen murdered and illegally sold (NMSA 3016011) by the criminal state employees of the NMLB, Sinaloa Cartel, with total collusion accomplices of the State of New Mexico. All of NM officials from the governor on down are taking bribes, perks, and use of the Sinaloa Cartel drug money, drugs, and invader illegals, and continue to steal Derringer horses ongoing of lifetime value of $100,000.00 per horse, or damages of $75,000,000.00 at this time, with other additional torts and extreme emotional distress and mental anguish murdering Derringer pets and working animals. The New Mexico State Police told Derringer to “leave NM, we don’t want you here, we won’t help you”. Citizen Derringer cannot stop the felons of government or get arrested or shot. Complaints with the NMAG are ignored, as Raul Torrez has been bribed by international Communist George Soros with $100,000.00. The NMLB government in domestic terrorism colluded with the Sinaloa Cartel to capture, butcher-while-alive a Derringer 1-week old baby filly [Exhibit 7] and throw the dead baby horse at the
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Derringer residence as a death threat and intimidation to stop Derringer’s legal litigation. REASONS FOR GRANTING THE PETITIONS
The state of New Mexico has seceded from the Union and sabotaged all rule of law lying under Oath, disregarding all US and New Mexico Constitutions in a Communist coup to overthrow the United States. All 3 branches of NM government is controlled by Democrats “ordering” all law enforcement and government employees to protect the invading Mexican National Sinaloa Cartel, and to single-out, drive-out, and persecute any that oppose them, specifically as whistleblower Petitioner. This is exemplified in the total destruction and denial of all rules, law, Constitution, state and federal statures in insurrection of the Constitution and Article VI “Supremacy Clause” Media selectively conspires to only indicate and downplay the open borders of Texas, Arizona and California, while deliberately in fraud never mentions the vile treason of NM Governor Grisham maliciously keeping the New Mexico/Mexico border open and unprotected as to facilitate the invasion gateway of Sinaloa Cartel as the portal to hades. NM Judiciary usurps all authority and disregards “fundamental error, lack of jurisdiction, and does malicious prosecution” to persecute and maliciously deny all rights to an American Republic citizen, subjecting David Derringer to outrageous acts in sedition and treason and now criminal RICO racketeering to stop use of the US Courts to deny due process and equal protection. This should "shock the conscience" of the US Supreme Court, wherein the NM Supreme Court has total knowledge of judicial bribery, Constitutional deprivations and egregious acts of the trial court and NM Ct. wherein many NM Judges, Justices are on cocaine and involved in pedophilia; all intertwined as all 3 NM branches of government are involved directly with RICO acts and treason against the United States aiding the Sinaloa Cartel. New Mexico Courts prior decisions in denial of due process, equal protection, denial of achieved Default judgments, and mandated
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sanctions against all Defendants have been denied and ignored to protect state agencies, employees, domestic terrorists and the invading Sinaloa Cartel. David Derringer’s life has been ruined, his precious animals murdered, and vast violence inflicted by New Mexico for legally continuing to exercise his Constitutional rights, which by doing exposes the extreme judicial and public corruption and cocaine and pedophilia intertwining of RICO violations of the NM State Judiciary and other politicians involved. Under Rule 1O(a), the US Supreme Court has a duty to uphold both Constitution and uphold their own former rulings that conflict with the current carnage inflicted upon a United States citizen for purposes by the State of New Mexico for retribution, retaliation, and revenge against singled-out David Derringer that has stood up against the judicial corruption of New Mexico. This calls for the US Supreme Court's "supervisory power". Under Rule IO(b). The US Supreme Court has a duty to stop and reverse the NM S. Ct.’s 32 years of persecution of David Derringer, originally stemming from the unknown error of buying the land in Catron County next to the major hub landing zone of helicopter invasion and operation of the Sinaloa Cartel. 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).
CONCLUSION Fraud on the court vitiates everything; Chief Justice John Marshall acknowledged that a court may grant relief from judgment where a new matter "clearly proves
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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). Petitioner Derringer has to have restoration, replevin, vast compensation, and extreme punitive damages against all involved in the carnage against an innocent citizen, wherein even no amount of money can bring back the devastation of larceny of real and personal property things that can never be replaced, and murdered horses whose lives were needlessly taken in greed and violence of satanic individuals relishing their power over citizens and their love of evil terrorism. Prei Inc. v. Columbia Pictures 508 U.S. 49, 113 S. Ct. 1920, 1925, 123 L. Ed. 2d 611 (1993). Petitioner was relentlessly attacked when unknowingly purchased a remote 40-acre land that happened to be right next to the invading Sinaloa Cartel helicopter landing zone for the entire RICO racketeering operations in New Mexico and invading the United States. To protect those vast profits and bribes of NM officials, the State of New Mexico engaged and supported all efforts by the Chapels and Sinaloa Cartel, NMLB and many other state employees, to dislodge the Nevitt/Derringers by extreme terrorism of stalking, killing over 150 Derringer animals at the Derringer ranch, threatening wife Susan Nevitt when husband David Derringer wasn’t home; all to force the Nevitt/Derringers to sell the property to the Chapels or vacate and abandon the property to stop the exposure threats to the Sinaloa Cartel. This terrorism was directly orchestrated, condoned and facilitated by the State of New Mexico, with even the New Mexico State Police demanding the Nevitt/Derringer’s to move from the State of New Mexico. This escalated over a period until the State of NM, Sinaloa Cartel, Chapels and the direct corruption of the NM Courts forced the Nevitt/Derringers off their legal property “at gunpoint”. When Derringer migrated to the Albuquerque area by 2012 after the death of wife Susan Nevitt, and resided on the Pajarito, the same Sinaloa Cartel was RICO operating with all the terror and
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corruption with the NM Judiciary, wherein there is no sane operations by law enforcement, whereas the same as Juarez Mexico, the law enforcement of New Mexico has been purchased by drug money bribes to form the same “La Lina” paid protection for the Sinaloa Cartel. Hence, it is clear as documented that the NM law enforcement disregards all duties of NMSA 29-1-1 & 29-1-2, the DA protects and releases criminals and the NMAG took $100,000.00 bribes directly from Communist George Soros, while the Governor deliberately encourages the Sinaloa Cartel to operate with immunity by wide open NM/Mexico unguarded borders. As all NM government is on the bribery payroll of the Sinaloa Cartel, it is no wonder that such Defendants are told they don’t have to Answer Complaints, as their common knowledge by blood money protection bribes, the NM Judiciary will rig and protect all from liability. In this matter, the issue of the NMLB stealing horses stems directly from the vast profits of selling horse meat to Japan and Europe for $29.00 per pound and by mis-use of a badge and gun, the NMLB goes onto ranches, private lands and simply loads and trailers away personal property livestock, shutting off their lapel cams to conceal evidence, using taxpayer trucks and trailers, and even if seen doing larceny, no citizen can stop them, lest be falsely arrested and jailed or simply shot and killed. Personal property is then illegally sold with false paperwork of bills of sale created by the NMLB and inspectors and politicians get a cut of the pie profits to keep their mouth shut, and Judges deny redress or, as herein simply Order the victim not to be able to use the United States Courts. In this matter, now Petitioner has legally won 18 cases, all ignored and denied so as to cover up the vast RICO operations of New Mexico. Without any possibility of Justice in New Mexico, and with the District of New Mexico 10th Circuit based in Albuquerque covering up and protecting NM Judges, the “local” federal court orders the Petitioner not to use the United States Courts, and even illegally Orders the court clerk not to allow filing, well before any judge has
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jurisdiction. Mann v. Conlin, 22 F.3d 100, 1994 Fed App. 122P cert. denied 115 S. Ct. 193, 513 US 870, 130 L.Ed2d 126. The NM corruption for protection is complete to void any redress and keep the corruption contained and intact without any “We the People” interference of the RICO operations or the Sinaloa Cartel, to keep the bribes and cocaine flowing, particularly when the federal 10th Circuit District Judges are also bribed by the Sinaloa Cartel to protect New Mexico. Clearly, all 10th Circuit Judges live in New Mexico and most in Albuquerque and know exactly what is happening here. Therefore, the Petition for an Extraordinary Writ of Mandamus and Prohibition should be granted with Orders to be enforced as necessary by the United States Marshall, as well as investigation, arrests, prosecution for all involved by the Pentagon and Department of State in the treason against the United States of all involved working directly in RICO With the invading Sinaloa Cartel, with Constitutional mandate of death by hanging. On April 9th, 2024 NMLB Justin Gray instigated severe additional domestic terrorism against the Petitioner stealing in larceny another 8 known Derringer horses, E-Mailed the notice to terrorize the Petitioner that he had stolen more horses to send them to be murdered to horse killers, and refused to return the 8 horses or any of the already stolen 756 + Derringer horses upon Demand from Derringer and has INTENT to murder the newly stolen 8 horses, in obstruction of justice, domestic terrorism, hate crimes and treason. [Exhibits 35] It is clear, now that the NM Courts have illegally Ordered Plaintiff-Petitioner not to use the US Courts, the larceny and lawlessness has no bounds, with the NMLB E-Mailing Derringer that the stole his horses in larceny, IPRA (NM Inspection of Public Records Act) no maliciously blocks Derringer, “with knowledge” that Derringer cannot file suit against NM for violations of IPRA, cannot gain information through IPRA as to names of all auctioneers and others to sue that were involved selling the stolen Derringer horses, cannot gain information through IPRA as how many and which Derringer
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horses were murdered and sent to killers for slaughter and who those criminals are, and cannot gain information through IPRA as to who to sue that now has adverse possession of Derringer’s stolen horses to sue and get them back. Now, the defiance of all law is blatant and arrogant with Derringer in a third-world country without any viable courts or rule of law.
REOUEST FOR RELIEF
David Derringer has been targeted and persecuted as a whistleblower in hate crimes, discrimination, taking all rights under the Declaration of Independence, the US Constitution, the NM Constitution and ignoring all statutes and case laws protecting Derringer in ruing the life of Derringer for 32 years, taking Derringer’s vast real and personal property without any rule of law, or compensation, where Derringer is legally entitled to be compensated for deprivation of
all use of the courts by RICO racketeering by judges of the public corruption of New Mexico and the federal 10th Circuit District Court, and granted restitution and reparations. Relief should be against all respondents as follows:
1. Order-The State of New Mexico is the head of operations of RICO going on, with knowledge of both the invading Sinaloa Cartel, felon state employees, RICO operations by use of the Santolina owned by a foreign corporation of England-British Barclays Bank, and has knowledge that top officials of the Governor aids and facilitates by open borders, the NMAG took bribes of $100,000.00 from international Communist George Soros expressly for the sabotage of the Article III to destroy the judicial system to create violence, crime and chaos. As whistleblower Petitioner was forced in self-defense to litigate seeking “Justice”, Derringer was relentlessly singled-out and targeted to ruin and decimate Derringer’s life to persecute and set an example to deter anyone similarly
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situated to not ever expose or attack the wrongdoing of “government” Order is requested against the State of New Mexico for an amount of $34 Billion dollars, for 32 years of relentless attack, persecution, foreign, domestic, and judicial terrorism and hate crimes, and as a state seceded from the Union as a rogue foreign enemy of the United States, all federal funds should be Ordered denied as the State of New Mexico is a traitor to America in sedition and insurrection. Owen v. City of Independence, US Supreme Court 445 US 622 (1980) No. 78-1779.
2. Order-The New Mexico Supreme Court, has with direct knowledge condoned, promoted and accelerated to disregard for all rule of law, knowingly allowing recused Judges in fundamental error, jurisdictional defect, bribery, disregard of all Rules, and of knowledge of extreme state employee felony acts, to deny all proper Petitions for Mandamus,
Superintending Control, redress, replevin; all without any mandated reasons, supporting authorities and then denied again all Motions for Reconsideration without the same. Order is requested for $20,000,000.00 for punishment of treason, sabotage of Article III, collusion with the Sinaloa Cartel bribery “protection” and directly knowingly allowing RICO operations in New Mexico to flourish by protection of the courts. In re Sawyer, 124 U.S. 200 (1888); 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); 18 U.S.C. Section 2382. Additionally, Derringer is entitled to relief of all the denied Default judgments and requested sanctions in the former cases of No. S-1-SC-39680, Court of Appeals No. A-1-CA-40690.
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3. Order-2ND DISTRICT COURT knowingly ignoring and defeating perfected Petitioner’s won Default Judgments by Ordering Plaintiff not to file pleadings, not to ever use the United States Court system, Order the Plaintiff not to represent himself Pro-Se, knowingly steal paid jury fees while denying trial, knowingly allowing recused judges to preside, hand selecting corrupt judges not random to deliberately rig cases, holding ex-parte meetings with Defendants to advise they don’t have to Answer the Complaint, holding ex-parte hearings without jurisdiction and without the presence of the Plaintiff and allowing Defendants to present testimony and exhibits and witnesses without standing in Default and to no knowledge of the Plaintiff, refusal to relinquish jurisdiction when appeal has been filed, and violation of all rule of law and Rules of the court to criminally falsify and distort the court records. Order is requested for all Plaintiff Derringer won by DEFAULT and FRAUD ON THE COURTS, Cases of 2nd District Court: D-002-CV-2014-07755, CV-2022-03437, CV-2023-05227, CV-2023-07042,
CV-2023-09203, CV-2023-09552, CV-2023-09874, CV-2024-00261 to be granted as to all counts and in all amounts requested in Complaint with facts of the case to be sustained by Complaint well pleaded, law of the case by the Complaint and Plaintiff’s pleadings, and award additionally all requested sanctions requested. Order additionally from the 2nd District Court $20,000,000.00 for punishment of treason, sabotage of Article III, collusion with the Sinaloa Cartel bribery “protection” and directly knowingly allowing RICO operations in New Mexico to flourish by protection of the courts. In re Sawyer, 124 U.S. 200 (1888); 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); 18 U.S.C. Section 2382.
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4. Order-7th DISTRICT COURT Order is requested for all Defendant-Plaintiff Counterclaims Derringer won by DEFAULT and FRAUD ON THE COURTS, Cases 7th District Court: CV-94-10; CV-02-19; D-727-CV-2021-00028, to be granted as to all counts and in all amounts requested in counter-Complaint with facts of the case to be sustained by Complaint well pleaded, law of the case by the Complaint and Plaintiff’s pleadings, and award additionally all requested sanctions requested. Wherein, Mickey Chapel, Jennifer Chapel, Benjamin Chapel, John Chapel, did extreme sabotage and fraud on the court, falsifying the court record, paid and promoted perjury of testimony of OSE Wayne Canon, falsified foreclosure, and stole the Derringer ranch at gunpoint of automatic weapons working with the Sinaloa Cartel, bribed Catron County Sheriff Snyder, and NMSP to drive Derringer from his legal ranch, kill Derringer’s cat and dog in attempts to precipitate a firefight with motives to assassinate Derringer and then destroyed all structures, stole in larceny all personal property and stole without legality all pre-1907 perfected ground water rights, with gunpoint thereafter barring Derringer from the adverse possession of the property to exercise ingress and egress to use water rights, while Chapels’ stole exclusively Derringer water of 1,110 acre feet. Order the 7th District Court to be punished $20,000,000.00 for punishment of treason, FRAUD ON THE COURT, sabotage of Article III, collusion with the Sinaloa Cartel bribery “protection” and directly knowingly allowing RICO operations in New Mexico to flourish by protection of the known Chapels’ Sinaloa Cartel helicopter landing zone use of the Chapels’ property for drug, human, minor children, automatic firearms, and other contraband use and protection from the courts. In re Sawyer, 124 U.S. 200 (1888); U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v.
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Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821); 18 U.S.C. Section 2382.for FRAUD ON THE COURT, sabotage of Article III by treason. Order the Chapels’ reparations, restitution, and replevin the amount of $1.2 Million of Derringers personal property alleged “abandoned” (under gunpoint) wherein Chapels’ fraud on the court for illegal confiscation was perjury that Derringers were simply tenants of landlords Chapels. Order Chapels’ payment of $2.5 Million dollars of 40 acre real property taken in FRAUD ON THE COURT depriving Derringer his legal use, ownership and residence for now a period of 18 ½ years, and reinstate the legal clear warranty title of the Derringer 40 acres without encumbrances, conditions, or conveyances back to the exclusive ownership of David Derringer. Order Chapels’ to pay the amount of illegally used exclusively owned Derringer Pre-1907 groundwater over 18 ½ years of stealing the Derringer 60-acre feet of Pre-1907 ground water, where Chapels have used 713,613,688.29 gallons owning Derringer the amount of $713,613,688.29 gallons at $1.00 per gallon, and Order that Chapels’ have no ownership or claim of Derringer’s perfected and adjudicated 60 acre feet of groundwater separated as personal property of David Derringer as filed for record in Catron County in 2004, wherein there is no jurisdiction of the OSE to illegally delegate Chapels’ ownership of the Derringer Pre-1907 groundwater as it is filed as personal property in Catron County under David Derringer. Mathers v. Texaco, Inc., 77 N.M. 239, 421 p.2d 771 (1966). Order any and all other remedy against the Chapels’ working directly in treason against America orchestrating the invasion and RICO operations of the helicopter landing zone of the Sinaloa Cartel on the Chapel property, and illegal use thereof of the adverse possession of the Derringer property for same for the last 18 ½ years. Order Chapels’ to pay the amount of $10,000,000.00 for the stripping the
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Derringer property of all structures of cabins, barns, residence, pens, arenas, round training pens and all other structures built by Derringer over a period of 14 years.
5. Order-13TH DISTRICT COURT Order is requested for all Plaintiff Derringer won by DEFAULT and FRAUD ON THE COURTS, Cases 13th District Court: D-1314-CV-2021-00541 -Derringer v. Davis & Derringer v. State of New Mexico, NMLB et. al. 00261 to be granted as to all counts and in all amounts requested in Complaint with facts of the case to be sustained by Complaint well pleaded, law of the case by the Complaint and Plaintiff’s pleadings, and award additionally all requested sanctions requested. Order additionally from the 2nd District Court $20,000,000.00 for punishment of treason, sabotage of Article III, collusion with the Sinaloa Cartel bribery “protection” and directly knowingly allowing RICO operations in New Mexico to flourish by protection of the courts. In re Sawyer, 124 U.S. 200 (1888); 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); 18 U.S.C. Section 2382.
6. Order-US District Court 10th Circuit for the District Of New Mexico, Order restitution and reparations for Petitioner $20,000,000.00 for punishment of treason, sabotage of Article III denying a United States Citizen use of the courts at any time of the present and in the future, without any jurisdiction over future suits in violation of 42 USC 1981, 1983 rights to sue, and sabotage and usurpation of jurisdiction and authority designed to protect NM Judges that have violated all law, with underlying motives of collusion with the Sinaloa Cartel bribery “protection” and directly knowingly allowing RICO operations in New Mexico to flourish by protection of the courts, and Order that David Derringer has every Constitutional rights under the 1st, 4th, 5th, and 14th amendments to use the
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United States Courts for filing Complaints, pleadings, and other court papers and can represent himself as pro-se in any court in the United States of America and is not subject to “permission” from any Judge, is not required as singled-out in discrimination to have to have an attorney, and Derringer’s Complaints, pleadings, or other court papers cannot be read and perused by any judge until assigned the case with jurisdiction. Stump v. Sparkman, 435 U.S. 349 (1978); Shucher v. Rockwood, 846 F.2d 1202 rehearing denied, cert denied 109 S. Ct. 561, 488 US 995 102 L.Ed.2d 587; In re Rochkind, 128 B.R. 520 Mich. 1991 Order additionally from the US District Court 10th Circuit for the District Of New Mexico $20,000,000.00 for punishment of treason, and sabotage of Article III. In re Sawyer, 124 U.S. 200 (1888); 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); 18 U.S.C. Section 2382.
7. Order-New Mexico Livestock Board to pay Petitioner Derringer all gross money received, money equivalent of trades, barter or other compensation for each of the individual now 756 + known stolen Derringer horses as every $penny of monies (obtained prior to paying auctioneer, help, transportation, feedings or other alleged costs) received from any person, corporation, rescue, or other entity for the illegal sales of stolen in larceny (NMSA 30-16-1) illegal sales of stolen property (30-16-11) 756 + known stolen Derringer horses. Order the New Mexico Livestock Board to return all 756 + Derringer horses in the presence of David Derringer under law of replevin to the Derringer residence, with no available set-offs of illegal transportation, feeding or other false alleged bills where the felons had no legal ability to have possession of any horse at any time, with each horse returned to have a veterinarian certificate of good health and
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that each horse is not gelded or spade, with return of all offspring, whereas each mare at the time of larceny had a foal on the ground and was pregnant, and whereas time has elapsed that each mare would have been re-bred to have an additional one or two generations of also owned Derringer offspring. Order the New Mexico Livestock Board to pay Derringer the amount of $30,000.00 for each of the 756 + horses as punishment for the larceny (30-16-1), Order the New Mexico Livestock Board to pay Derringer the amount of $30,000.00 for each of the 756 + horses as punishment for illegally selling Derringer’s stolen personal property (30-16-11). Order the New Mexico Livestock Board to pay Derringer the amount of $100,000.00 for each of the 756 + horses as value of each animal not returned. Order the New Mexico Livestock Board to pay Derringer the additional amount of $100,000.00 for each of the 756 + not returned as punishment for murdering the Derringer horses as will be presumed they were illegally sold to horse killers to be murdered and butchered for meat or abused to their death. Order the New Mexico Livestock Board to pay Derringer the additional amount of $30,000.00 for any known Derringer horse returned as illegally branded, with then a proper paper certifying that Derringer is the legal owner despite the illegal brand. Order the New Mexico Livestock Board to pay Derringer the additional amount of $50,000.00 for any known Derringer horse returned as gelded or spade, thus forever ruining the breeding and future genetic transfer of genes of value for future generations. Order the New Mexico Livestock Board to pay Derringer the amount of $25,000,000.00 for working in treason RICO horse rustling racketeering with the invading Mexican National Sinaloa Cartel, and Order an investigation, arrest and prosecution against all NMLB employees for treason under 18 USC 2381, 2382, 2383. Order the New Mexico Livestock Board to
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provide the names and addresses of any veterinarian involved in any way with any and each stolen horse, specific document where each horse was taken and who was in adverse possession prior to replevin return with each horse identified by 4 photos of head, tail, left and right sides. Names and addresses of all persons, entities that were allegedly sold each horse, with copies of each fraudulent bill of sale illegally constructed by the NMLB, and any and all further sales beyond the initial sale as to where each horse is located at this time if in adverse possession by the NMLB or any NMLB employees, and all other private parties or entities that illegally sold stolen Derringer personal property (NMSA 30-16-11) with names and addresses of all persons or entities that were granted a fraudulent bill of sale from the NMLB (and copy of that illegal document) or any other for proof of disposition of each horse, and specifically each horse that was sold to horse killers to be murdered for meat and each horse that was killed or abused and died.
8. Order- NMLB Officers Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, George Mendoza, to pay Petitioner Derringer each separately and distinctly the amount of $25,000,000.00 for non-immune acts of subversion against the public in treason working in sabotage of duties for personal gain in the RICO horse rustling Sinaloa Cartel operation on the foreign-owned Santolina property stealing in larceny 756 + known Derringer horses, working directly with Sinaloa Cartel admitted horse rustler Benjamin Benavidez Jr. and using Derringer’s tax-paid trucks, trailers and other public equipment to steal and transport, and conceal stolen livestock. Schear v. Board of Cnty. Comm'rs, 1984-NMSC-079, 101 N.M. 671, 687 P.2d 728.; Weinstein v. City of Santa Fe ex rel. Santa Fe Police Dep't, 1996-NMSC-021, 121 N.M. 646, 916 P.2d 1313.; Torres v. State, 1995-NMSC-025, 119 N.M. 609, 894 P.2d 386.; RICO 18 U.S.
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Code Chapter 96 - Racketeer Influenced And Corrupt Organizations 1962.; In re Rochkind, 128 B.R. 520 Mich. 1991. Order the NMLB Officers Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, George Mendoza to return all 756 + Derringer horses in the presence of David Derringer under law of replevin and NMSA 29-1-2, to the Derringer residence, with no available set-offs of illegal transportation, feeding or other false alleged bills where the felons had no legal ability to have possession of any horse at any time, with each horse returned to have a veterinarian certificate of good health and that each horse is not gelded or spade, with return of all offspring, whereas each mare at the time of larceny had a foal on the ground and was pregnant, and whereas time has elapsed that each mare would have been re-bred to have an additional one or two generations of also owned Derringer offspring. Order the NMLB Officers Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, George Mendoza to pay Derringer the amount of $30,000.00 for each of the 756 + horses as punishment for the larceny (30-16-1), Order the NMLB Officers Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, George Mendoza to pay Derringer the amount of $30,000.00 for each of the 756 + horses as punishment for illegally selling Derringer’s stolen personal property (30-16-11). Order the NMLB Officers Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, George Mendoza to pay Derringer the amount of $100,000.00 for each of the 756 + horses as value of each animal not returned. Order the NMLB Officers Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, George Mendoza to pay Derringer the additional amount of $100,000.00 for each of the 756 + not returned as punishment for murdering the Derringer horses as will be presumed they were illegally
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sold to horse killers to be murdered and butchered for meat or abused to their death. Order the NMLB Officers Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, George Mendoza to pay Derringer the additional amount of $30,000.00 for any known Derringer horse returned as illegally branded, with then a proper paper certifying that Derringer is the legal owner despite the illegal brand. Order the NMLB Officers Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, George Mendoza to pay Derringer the additional amount of $50,000.00 for any known Derringer horse returned as gelded or spade, thus forever ruining the breeding and future genetic transfer of genes of value for future generations. Order the NMLB Officers Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, George Mendoza to pay Derringer the amount of $25,000,000.00 for working in treason RICO horse rustling racketeering with the invading Mexican National Sinaloa Cartel, and Order an investigation, arrest and prosecution against each as NMLB employees for treason under 18 USC 2381, 2382, 2383. . In re Sawyer, 124 U.S. 200 (1888); 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); 18 U.S.C. Section 2382.
9. Order- private citizens Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, George Mendoza, to pay Petitioner Derringer each separately and distinctly the amount of $30,000,000.00 for willfully working in treason and RICO racketeering horse rustling with the Sinaloa Cartel and Sinaloa Cartel Benjamin Benavidez Jr. and Sinaloa Cartel Dennis Chavez AKA D.C. Livestock Auction, SW Livestock Auction, SW Event Center, and Dixon Auction horse killers for
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obtaining personal profit from larceny (NMSA 30-16-1) and illegal sales (NMSA 30-16-11) of known Derringer horses, with domestic terrorism against Derringer, attempting extortion and ransom of known Derringer animals and other obstruction of justice, intimidation, harassment and hate crimes against Petitioner Derringer. RICO 18 U.S. Code Chapter 96 - Racketeer Influenced And Corrupt Organizations 1962.; In re Rochkind, 128 B.R. 520 Mich. 1991.18 USC 241, 242, 1503, 1505, 2381, 2382, 2383 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); 18 U.S.C.
10. Order- New Mexico Office of the State Engineer to pay Petitioner Derringer the amount of $50,000,000.00 for subversion of Article III enabling employees John D’Antonio, and Wayne Canon to lie under Oath to a court of law in CV-94-10 with the intent to falsify court testimony to enable Chapels to claim in fraud Pre-1907 surface water rights under falsification of Declaration #02311 in order to have water rights illegally on the Chapels’ owned lands being used as the Sinaloa Cartel helicopter landing zone at MM21 on Hwy 32 Quemado, New Mexico, and for use in subversion of Article III as a weaponization of the courts to dislodge, exploit and defeat the valid claims of the Nevitt/Derringer’s legal applications of water #4615 and #4615 Amended in order to force Derringers to leave the area of the Sinaloa Cartel RICO zone of drug, human, and other contraband trafficking. Order- New Mexico Office of the State Engineer to pay Petitioner Derringer the amount of $500,000.00 for subversion of Article III enabling employees John D’Antonio, and Wayne Canon to destroy public records of the Nevitt/Derringer legal adjudicated Pre-1907 4 supplemental wells on the Derringer property outside of any jurisdiction of the OSE and wherein the latest wells were drilled prior to the closure of
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the Gallup basin, leaving the OSE with no jurisdiction, and the subversion of destruction of public records of the legal transfers of Derringer’s wife Susan Nevitt transferring her interest in the Derringer wells as “wife to husband” on February, 2016 prior to Susan Nevitt’s death in April, 2016.
11. Order-private citizens each and separately John D’Antonio, and Wayne Canon to pay the amount of $5,000,000.00 to Petitioner David Derringer for the destruction of public records of the Nevitt/Derringer legal adjudicated Pre-1907 4 supplemental wells on the Derringer property outside of any jurisdiction of the OSE and wherein the latest wells were drilled prior to the closure of the Gallup basin, leaving the OSE with no jurisdiction, and the subversion of destruction of public records of the legal transfers of Derringer’s wife Susan Nevitt transferring her interest in the Derringer wells as “wife to husband” on February, 2016 prior to Susan Nevitt’s death in April, 2016.
12. Order suspension of all federal funds to the State of New Mexico due to treason, secession, State suspension of the Constitution and all rule of law in violation of the “Supremacy Clause” of Article VI, and any other punishment for insurrection and secession from the Union, at the discretion of the Court.
13. Order-Prohibition of all named respondents from any present and future contact or interference with the Petitioner, petitioner’s real and personal property, Petitioners animals, family friends under rights of freedom, liberty, pursuit of happiness and under 42 USC 1981, 1982, 1983, 1985, 1986 and Jones v. Mayer Co., U.S. Supreme Court 392 U.S. 409 (1968) No. 645.
14. Order-Any other and just punishment, sanctions, and disciplinary actions against any co-
conspirators and respondents as the Court deems just and proper. and any other and
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further relief, compensation and restitution to be awarded to David Derringer.
Respectfully submitted by ______________________________________
David Derringer P.O. Box 7431 Albuquerque, New Mexico 87194
CERTIFICATE OF COMPLIANCE
Petitioner, David Derringer, acting in forma pauperis, pro-se, has provided the Petitions in format Rule 33(2) with less than 40 pages in double-spaced type Times New Roman.
CERTIFICATE OF SERVICE
I hereby certify that in forma pauperis, I caused 1 true and correct original of the foregoing Emergency Petition for Extraordinary Writ with 1 full copy of Addendum attachments, with the authorization of the USSC Clerk due to forma pauperis not able to copy 11 copies, to be sent on the 26th day of April, 2024 for filing to: The Supreme Court of the United States, 1 First Street N E Washington, DC 20543.
By ______________________________David Derringer, Box 7431, Albuquerque, NM 87194
VERIFICATION
I, Petitioner David Derringer, representing myself Pro-Se, herby state under Oath,
that I declare under penalty of perjury, under the laws of the united states of America,
I swear and affirm that all facts, statements and exhibits are true and correct.
By ______________________________David Derringer, Box 7431, Albuquerque, NM 87194
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