UNITED STATES SUPREME COURT EXPOSURE OF NM PUBLIC CORRUPTION-SECESSION OF THE UNION

No.

IN THE

SUPREME COURT OF THE UNITED STATES

EMERGENCY PETITION FOR WRIT OF CERTIORARI US SUPREME COURT RULE 10(B)(C), US SUPREME COURT RULE 17(1), ORIGINAL JURISDICTION ARTICLE III, 1251(B)(2) INVOLVING SUPREMACY CLAUSE ARTICLE VI; PETITION FOR EXTRAORDINARY WRIT US SUPREME COURT RULE 20, IN RE DAVID DERRINGER UNDER US CODE TITLE 28 SECTION 1651(A), PETITION FOR SUPERINTENDING CONTROL REGARDING DESTRUCTION OF CONSTITUTION AND DESTRUCTION OF ARTICLE III BY THE ENTIRE STATE OF NEW MEXICO AND NEW MEXICO JUDICIARY - RICO OF JUDICIARY; MOTION TO TAKE JUDICIAL NOTICE; AND REQUEST FOR RELIEF

DAVID DERRINGER,

Petitioner-Pro-Se,

vs.

STATE OF NEW MEXICO, NEW MEXICO SUPREME COURT, NEW MEXICO LIVESTOCK BOARD, US DISTRICT COURT FOR THE      DISTRICT OF NEW MEXICO 10TH CIRCUIT

Respondents,

On Petition for a Petition for Writ of Certiorari of NMSC S-1-SC-39680: totally Intertwined with the Petition for Extraordinary Writ for Superintending Control, and Motion for Judicial Notice expressly exposing the egregious violation of all law that will shock the conscience of any reputable Justice. Disclosure herein is of secession of the State of New Mexico from the Union in 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. This entails sedition and treason with public/judicial corruption of the State of New Mexico of all 3 New Mexico branches of government of the saturated Democratic deep state. The US Constitution Article III does not exist in New Mexico without any rule of law. Petitioner David Derringer has been denied all due process and equal protection, and singled-out and targeted in total discrimination due to being a “whistleblower” against the public corruption of New Mexico and thus continually harassed and persecuted. Derringer’s quest for redress and justice is further blocked to access the US Federal District Court 10th Circuit 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.  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, criminally violating US Code Title 18 Sections 241, 242, 1503, 1505, RICO, 2381, 3617, 1ST, 4TH, 5th, 7th, 8th, 9th, 10TH, 13TH, 14TH Amendments, and 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. 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 to absolutely block Derringer from any justice of redress of torts. Now the Defendants 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. Petitioner immediately needs an injunction, stay, ordered replevin as the NMLB has stolen by fraud claims of “strays” Derringer horses they plan to illegally auction, 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 has been ongoing and accelerating for thirty years after Derringer and wife Susan Nevitt purchased the property South of the Sinaloa Cartel landing zone in 1993. Petitioner is a Whistleblower against the public and judicial corruption of New Mexico exposing the bribery of, citizen domestic terrorists and resident illegal alien Sinaloa Cartel. The Sinaloa Cartel have a $32,000,000.00 per week RICO Racketeering operation in New Mexico, that involves horse rustling, prostitution, drug and automatic firearms and other contraband, providing unlimited millions of dollars for bribing for protection any and all officials of the State of New Mexico. The Sinaloa Cartel’s bribery has been exposed by David Derringer to the World on Derringer’s web site:

https://d2bowman4570.wixsite.com/notices/blog 

The 10 th Circuit US District Court for the District of New Mexico exudes protection of all New Mexico Judges from exposure. The public and judicial extreme corruption is both endemic and saturated from the NM Governor Michele Grisham deliberately removing the NM National Guard from the southern border to facilitate the unrestricted insertion of the foreign terrorists and Sinaloa Cartel into New Mexico and has “directed” all New Mexico law enforcement and courts to protect the invasion of the United States for a Democratic coup against America to a totalitarian state of Communism. The entire base of corruption to overthrow America is by protection of the Mexico Sinaloa Cartel’s involving RICO Racketeering. The NM judges are sabotaging Derringer’s exhaustive attempts for justice by stopping due process and equal protection by Constitutional deprivations, “weaponization” of the courts, fraudulent criminal attack without statutory backing, judicial fraud, judicial bribery, and conspiracy against rights and deprivation of rights under color of law against targeted “whistleblower” David Derringer, Petitioner, has exhausted all system remedies. Petitioner has gone to all NM Law enforcement repeatedly, wherein the NMSP tell Petitioner to “leave NM you aren’t welcome here”. All law enforcement won’t respond to any Derringer 911 calls and all refuse to enforce the criminal code NMSA 30, in discharge of duties NMSA 29-1-1 and 29-1-2. The NMLB expressly designed in 1911 to stop livestock rustling, are the very “Officers” stealing Derringer horses with the Sinaloa Cartel. To date, ongoing the NMLB and Sinaloa Cartel have stolen 337 Derringer horses in 4 years value of $33,700,000.00. NMLB traitor Officer Justin Gray stole 13(17) Derringer horses, larceny as an individual, and posted an extortion/ransom notice to Derringer. The State of NM won’t prosecute Justin Gray’s extreme felonies. Complaints filed with the Bernalillo DA wherein Raul Torrez was prideful of $100,000.00 bribe from international Communist George Soros, now as NMAG refuses to attend to any complaint phone, Internet of written, and with phone ID, hangs up the phone on Derringer. Governor Grisham, with full knowledge ignores all complaints to assist the invasion of the Sinaloa Cartel and for gain of drug money bribes, cocaine and some of the 85,000 minor children missing for elite sexual abuse by NM elite judges and political pedophiles. Use of the NM Courts is futile with Derringer’s 11 suits where Defendants were told ex-parte by judges not to bother answering the Complaint as the cases will be “rigged” to defeat Derringer, and indeed after all Defendants’ Default, and fraud on the court, the judges will not grant any judgement against any Defendant, now in 11 cases. Now the judges attack the Plaintiff in false criminal Complaints. Judicial Standards, and attorney disciplinary board are controlled to deny accountability. Derringer has informed the FBI, DOJ, DEA, and exhausted all means of redress, accountability and no justice has been found. Complaints to NM federal representatives House and Senate to deliberate deaf ears. Derringer informed the US Pentagon of the extreme TREASON, with no investigations or arrests, despite all parties assisting the Sinaloa Cartel an extreme threat to national security and domestic with foreign terrorism. Derringer has come to this USSC twice before in No. 03-837 and No. 18-7785 and denied due process and opportunity to be heard, where each denial accelerated the NM corruption, with NM deep state’s knowledge of no higher accountability. Derringer’s legal request for NMSA 14-2-(1-12) Inspection of Public Records Act (based on Federal FOIA) shows the direct Sinaloa Cartel collusion of the entire State of New Mexico where the legal requests will expose the horse felony larceny of the NMLB in treason assisting the invading Sinaloa Cartel in felony acts to help the Sinaloa Cartel as a vehicle to overthrow American government to Communism. The NM Secretary of State immediately in one day sends a total denial of Legislated law as a cover-up of New Mexico Livestock Board horse rustling larceny of 337 Derringer horses in cahoots with the Sinaloa Cartel for state-wide judicial and government bribes, cocaine, fentanyl, and unaccompanied minor children for the elite NM government to rape. Treason working with the Sinaloa Cartel is the highest of crimes as those betraying the trust reposed in them lying under oath, yet rendering the Constitution meaningless. [Exhibits 13] After Derringer filed Derringer v. Justin Gray CV-2023-07042 for stealing 13(17) Derringer horses, Justin Gray defaulted to Answer, and Judge Brickhouse refuses to grant Derringer Default Motion against Justin Gray to protect his proven horse RICO rustling under a badge and gun to protect Gray while then in retaliation under 18 USC 241, 242, 1503, 1505 and TREASON domestic terrorism, Justin Gray steals another 15 Derringer horses in hate crimes. [Exhibit 14]

David Derringer P.O.Box 7431, Albuquerque, New Mexico 87194 (505) 227-7229

______________________________________________________________

QUESTIONS PRESENTED

l) Whether the NM State and Federal Courts can criminally Order a US citizen not to file pleading or represent himself, which violates US Code Title 18 Sections 241, 242, 1503, 1505, RICO, 2381, 3617, and the 1ST, 4TH, 5th, 7th, 8th, 9th, 10TH, 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 III, 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 11 cases, denying hearings, holding conspiratory hearings against the Plaintiff in ex-parte, denying paid-for jury, denying notices of appeal, and all court denials are done without stated reasons or authorities in NMSC No. S-1-SC-39680, NMCT App. No. A-1-CA-40690, New Mexico District Court Cases: : 2nd District Court: CV-2014-07755; CV-2022-03437; CV-2018-00514. CV-2023-05227, CV-2023-07042; 7th District Court CV-94-10; CV-02-19; D-727-CV-2021-00028; 13th District Court: D-1314-CV-2021-00541(two counterclaims -Derringer v. Davis & Derringer v. State of New Mexico et. al.)?

2) 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 CV-94-10, CV-02-19, and the 10th Circuit US District Court for the State of New Mexico?

3) 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 $32.7 million dollars in livestock grand larceny without statutory authority, without warrant and without probable cause, in revenge, retaliation, and retribution of being a Defendant in former multiple Civil suits of the Petitioner, 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?

4) 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.

5) 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 and integrity of the judicial branch of government under the parameters of the US Constitution Section I Article III, 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?

6) 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 citizens doing 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 III?

7) 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 Plaintiff’s motions 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 be forcefully subjected 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 5th and 14th Amendments?

8) Whether the United States Supreme Court will exercise "superintending control" 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, arrest, and prosecute all involved judges, administration, state agencies and state employees for direct and proven conspiracy, 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 III for deprivations in conspiracy of 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 III from destruction by the secession from the Union by the 3 branches of State government of New Mexico?

LIST OF PARTIES

In the proceedings below, Party David Derringer hereafter may be referred to as the Petitioner representing himself Pro-Se. The Real parties in this matter are the State of New Mexico, New Mexico Supreme Court, New Mexico Livestock Board, US District Court for the District Of New Mexico 10th Circuit.

As simultaneously filed, the ADDENDUM EXHIBITS provided attached are appurtenant to both the Petition for Writ of Certiorari and the Petition for Extraordinary Special Writ, with request in Motion to Take Judicial Notice for this court to peruse the extreme violations of all law including, but not limited to ex-parte hearings, denial of hearings, rigging the case, allowing all Defendants not to Answer yet denying and ignoring mandated Default judgement for Plaintiff, denying jury and trial, and treason against the United States aiding and protection of the Sinaloa Cartel, and attacking the Petitioner with false criminal Complaints  T-4-CR-2023-002115 and T-4-CR-2023-003902 as a motive to jail and assassinate the Petitioner.

TABLE OF CONTENTS                                                                     Page

OPINIONS BELOW.                                                                             1

JURISDICTION.                                                                                   2

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED. 6

STATEMENT OF THE CASE.                                                              10

REASONS FOR GRANTING THE PETITION.                                     23

CONCLUSION.                                                                                    26

REQEST FOR RELIEF.                                                                        31

MOTION TO TAKE JUDICIAL NOTICE                                             35

CERTIFICATE OF COMPLIANCE.                                                     36

CERTIFICATE OF SERVICE                                                               37

VERIFICATION.                                                                                  37

INDEX TO ADDENDUM EXHIBITS

1        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.

2        Original Derringer heading of Petition for Superintending Control that cannot be corrupted by the NMSC, showing the heading exposing 9 underlying cases Derringer won by Default where corrupt judges Murphy, Mercer, Ortega, Lopez, O’Connell, Brickhouse, and now Derringer being attacked by Judge Nina Saffier and Renee Torres.

3        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.

4        “Rigged” case dismissal and Order denying due process and equal protection to prevent Plaintiff Derringer from legal Motion for Reconsideration and blocking legal appeals to protect the Defendants State employees and Sinaloa Cartel, in TREASON, and to protect attorney Daniel Mackey that embezzles state tax money as a State attorney to illegally represent select citizens Manuel Monte and Justin Gray.

5        Forest Service-USGS photograph 1935 showing Chapel property native state

6        Chapel same property as #1 above in 1995

7        Illegal Order of 10th Circuit US District Court for the District of New Mexico depriving 1st, 4th, 5th 14th Amendment rights to due process and equal protection, claiming use of the US Courts is only a "privilege"

8        Exclusive ownership of the Nevitt/Derringer property by warranty deed

9        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 exclusively Derringer’s personal property

10   Legal transfer of all 4 Nevitt/Derringer wells to exclusive ownership of David Derringer from Derringer’s late wife Susan Nevitt

11   Domestic terrorism of the NMLB in cahoots with the invading Mexican National Sinaloa Cartel, butchered-alive one-week old Derringer baby Quarter Horse filly thrown at the Derringer residence by knowledge and complicity of the State of New Mexico, New Mexico Supreme Court, New Mexico Livestock Board, and as a death threat against David Derringer to stop exercising Constitutional rights of due process and equal protection that is exposing the public corruption of New Mexico by Plaintiff Derringer’s Civil Litigation legal use of the Courts

12   Extortion/Ransom posted notice from NMLB Officer Justin Gray wherein Justin Gray stole 13(17 horses as 4 mares pregnant) without authority by law, and without warrant or due process, in collusion with the Sinaloa Cartel, with Justin Gray’s “personal grand larceny” hiding behind a badge and gun.

13    Derringer’s legal request for NMSA 14-2-(1-12) Inspection of Public Records Act (based on Federal FOIA) that directly exposed the NMLB and total State of New Mexico horse larceny and cover-up, so as to get the invading Sinaloa Cartel bribes, cocaine, fentanyl, and unaccompanied minor children for the elite NM government to rape, and New Mexico Livestock Board and the New Mexico Secretary of State total denial of Legislated law to cover up the NMLB horse larceny of 337 Derringer horses and protect the invading Mexican National Sinaloa Cartel ass traitors against the United States.

14   In direct retaliation of Derringer v. Gray CV-2023-07042, as treason, domestic terrorism, hate crimes, violation of RICO and 18 USC 241, 242, 1503, 1505 Justin Gray acts as delegated by the State of NM and NMLB to steal in terrorism 15 more Derringer horses in violation of US Code Article 42 Section 1982.

15   Retaliation and intimidation obstruction of justice larceny by New Mexico Livestock board stealing more Derringer horses because of the further legal Derringer suits of CV-2023-07042 and CV-2023-09203.

16   Legal attempt to stop the New Mexico Livestock Board from illegally auctioning off the stolen property of Derringer taken in fraudulent claims of “stray horses” when well known owned by Derringer, where Derringer was unable to stop the larceny done by NMLB Justin Gray and George Munoz “with a badge and a gun”, by legal filing for a TRO then instantly denied by the corruption of the same Judge Brickhouse not granting default judgement for CV-2023-07042 to protect Justin Gray, Benavidez and the invading Sinaloa Cartel.

17   Face filings of underlying legal attempts of due process and equal protection blocked in all New Mexico courts when as won by default and summary judgements and under all law, Courts denied granting mandated judgements to single out and target Derringer as a whistleblower on the public corruption of the State of New Mexico.

TABLE OF AUTHORITIES CITED

CITATIONS SUPPORTING DAVID DERRINGER IN THE UNITED STATES SUPREME COURT

United States Constitution

New Mexico Constitution

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

1469 Screws v. U.S. Supreme Court of the United States May 07, 1945 325 U.S. 91 65 S.Ct. 1031

268 U.S. 619 45 S.Ct. 621

Alden v. Maine Supreme Court of the United States June 23, 1999 527 U.S. 706 119 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

Armstrong v. United States, 364 U.S. 40 (1960) No. 270

Austin v. Michigan Chamber of Commerce Supreme Court of the United States March 27, 1990 494 U.S. 652 110 S. Ct. 1391

Bank of Nova Scotia v. US 108 S. Ct. 2369, 487 US 250, 101 L.Ed.2d 228 on remand

Bankers Mortgage Company v. United States, 423 F.2d 73 (5th Cir. 1970), cert. denied, 399 U.S. 927, 90 S. Ct. 2242, 26 L.Ed.2d. 793 (1970).

Barry v. Barchi Supreme Court of the United States June 25, 1979 443 U.S. 55 99 S.Ct.2642.

Boddie v. Connecticut Supreme Court of the United States March 02, 1971 401 U.S. 371 91 Sect. 780

Borough of Durvea, Pa. v. Guarnieri Supreme Court of the United States June 20, 201 1 131 S.Ct. 2488 201 1 WL 2437008

Brown v. Hartlage Supreme Court of the United States April 05, 1982 456 U.S. 45 102 S.Ct. 1 523

Cipollone v. Liggett Group, Inc. Supreme Court of the United States June 24, 1992 505 U.S. 504 1 12 S. Ct. 2608

District of Columbia v. Heller Supreme Court of the United States June 26, 2008 554 U.S. 570 128 S. Ct. 2783

City of Memphis v. Greene, Tenn. 1981 101 S. Court 1584, 451 US 100, 67 L.Ed.2d 769 rehearing denied 101 S. Ct. 3100, 452 US 955, 69 L.Ed.2d 965

Collins v. City of Harker Heights, Tex. 112 Supreme Court 1061, 503 US 115, 117 L.Ed.2d 261 "US Tex. 1992

Court of the United States June 17, 1976 426 U.S. 572 96 S.Ct. 2264

Elrod v. Burns Supreme Court of the United States June 28, 1976 427 U.S. 347 96 S.Ct. 2673

Emspak v. U.S. Supreme Court of the United States May 23, 1955 349 U.S. 190 75 S.Ct. 687

Examining Bd. of Engineers, Architects and Surveyors v. Flores de Otero Supreme Ct F.3d 1253, cert. denied 118 Supreme Court 214, 139 L.Ed.2d 148

Federal Election Com'n v. Colorado Republican Federal Campaign Committee Supreme Court of the United States June 25, 2001 533 U.S. 431 121 S.Ct. 2351

First Nat. Bank of Boston v. Bellotti Supreme Court of the United States April 26, 1978 435 U.S. 765 98 S. Ct. 1407

Fuentes v. Shevin 407 U.S. 67, 92 S. Ct. 1983, 32 L.Ed.2d 556 (1972)

Gravel v. U. S. Supreme Court of the United States June 29, 1972 408 U.S. 606 92 S. Ct. 2614

Griffin v. Griffin Supreme Court of the United States February 25, 1946 327 U.S. 220 66 S. Ct. 556

Joint Anti-Fascist Refugee Committee v. McGrath Supreme Court of the United States April 30, 1951 341 U.S. 123 71 S. Ct. 624

Jones v. Mayer Co., U.S. Supreme Court 392 U.S. 409 (1968) No. 645

Kunkel v. US, 113 S. Ct. 417, 506 US 957, 121 L.Ed.2d 340

Lewis v. U.S. Supreme Court of the United States February 27, 1980 445 U.S. 55 100 S. Ct. 915

Lindsey v. Normet Supreme Court of the United States February 23, 1972 405 U.S. 56 92 S. Ct.

Lynch v. Household Finance Corp. Supreme Court of the United States March 23, 1972 405 U.S. 538 92 S. Ct.

Mapp V. Ohio, 367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (June 19, 1961)

March 23, 2010 559 U.S. 260 130 S. Ct. 1367

McCutcheon v. Federal Election Com'n Supreme Court of the United States April 02, 2014 134 S.Ct. 1434 2014 WL 1301866

McDonald v. City of Chicago, Ill. Supreme Court of the United States June 28, 2010 561 U.S. 742 130 S.Ct. 3020

McMillan v. Svetanoff, 793 F.2d 149 cert denied 107 S. Ct. 574, 479 US 985, 93 L.Ed.2d 577 appeal after remand 878 F.2d 186

Monroe v. Pape Supreme Court of the United States February 20, 1961 365 U.S. 167 81 S. Ct.

Muniz v. Hoffman Supreme Court of the United States June 25, 1975 422 U.S. 454 95 S. Ct. 2178

Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc. Supreme Court of the United States April 05, 1999 526 U.S. 344 119 S.Ct. 1322

Mutual harmaceutical Co., Inc. v. Bartlett Supreme Court of the United States June 24, 2013 133 S. Ct. 2466 2013 WL 3155230

Near v. State of Minnesota ex rel. Olson Supreme Court of the United States. June 01, 1931 283 U.S. 697 51 S. Ct. 625

New York Times Co. v. U.S. Supreme Court of the United States June 30, 1971 403 U.S. 713 91 S. Ct. 2140

New York v. U.S. Supreme Court of the United States June 19, 1992 505 U.S. 144 Nuclear Reg. Rep. P 20,553

Nixon v. Shrink Missouri Government PAC Supreme Court of the United States January 24, 2000 528 U.S. 377 120 S. Ct. 897

Nixon v. Warner Communications Inc. Supreme Court of the United States April 18, 1978 435 U.S. 589 98 S. Ct. 1306

Owen v. City of Independence, US Supreme Court 445 US 622 (1980) No. 78-1779

Parratt v. Taylor,451 U.s. 527, 101 Supreme Court 1908, 68 P.Ed.2d 420 (1981)

Phillips v. Washington Legal Foundation, 1 18 S. Ct. 1925 U.S. Tex., 1998

PLIVA, Inc. v. Mensing Supreme Court of the United States June 23, 2011 131 S. Ct. 2567 2011 WL 2472790

Prei Inc. v. Columbia Pictures 508 U.S. 49, 113 S. Ct. 1920, 1925, 123 L. Ed. 2d 611 (1993)

Printz v. U.S. Supreme Court of the United States June 27, 1997 521 U.S. 898 117 S. Ct. 2365

Rice v. Rice Supreme Court of the United States April 18, 1949 336 U.S. 674 69 S. Ct. 751 Robertson v. Railroad Labor Board Supreme Court of the United States. June 08, 1925

Ruis v. US, 113 S. Ct. 985, 506 US 1055, 122 L.Ed.2d 137

S. Ct. 77, 340 U.S. 849, 95 L.Ed 622 affirmed 71 S. Ct. 581, 341 U.S. 70, 95 L.Ed 758

Scales v. U.S. Supreme Court of the United States June 05, 1961 367 U.S. 203 81 S. Ct.

Settlemier v. Sullivan Supreme Court of the United States October 01, 1878 97 U.S. 444 7 Otto 444

Shapiro v. Thompson Supreme Court of the United States April 21, 1969 394 U.S. 618 89 S.Ct. 1322

Shucher v. Rockwood, 846 F.2d 1202 rehearing denied, cert denied 109 S. Ct. 561, 488 US 995 102 L.Ed.2d 587

Smith v. US CCA8 (MO) 1907 157 F.721, 85 CCA 353 Cert denied 28 S. Ct. 569, 208 US 618, 52 L.Ed 647

Supreme Court of the United States April 30, 1951 341 US 123 71 S. Ct. 624

Supreme Court of the United States April 30, 1951 341 US. 123, 71 S. Ct 624

Supreme Court of the United States February 25, 1946 327 US 220 66 S. Ct. 556

Supreme Court of the United States June 1, 1931 283 US 697 51 S. Ct. 625

Supreme Court of the United States June 17, 1976 426 U.S. 572 96 S. Ct. 2264

Supreme Court of the United States June 23, 1999 527 U.S. 706 1 19 S. Ct. 2240 Supreme Court of the United States June 24, 1992 505 U.S. 504 112 S.Ct. 2608

Supreme Court of the United States June 23, 2011 131 S. Ct. 2567 2011 WL 2472790 Supreme Court of the United States June 24, 2013 133 S. Ct. 2466 2013 WL 3155230

Supreme Court of the United States June 24, 2013 133 S. Ct. 2466 2013 WL 3155230 Supreme Court of the United States June 23, 2011 131 S. Ct. 2567 2011 WL 2472790

Supreme Court of the United States June 25, 1979, 443 U.S. 55 99 S. Ct. 2642 Supreme Court of the United States May 17, 2004 541 US 509 124 S. Ct. 1978.

Supreme Court of the United States June 25, 1979, 443 U.S. 55, 99 S. Ct. 2642

Supreme Court of the United States June 27, 1997 521 U.S. 898 1 17 S. Ct. 2365

Supreme Court of the United States June 29, 1972 408 US 606 92 S. Ct. 2614

Supreme Court of the United States March 23, 2010 559 U.S. 260 130 S. Ct. 1367

Supreme Court of the United States May 07m 1945 325 US 91 65 S. Ct. 103 1

Supreme Court of the United States May 23, 1955 349 U.S. 190, 75 S. Ct. 687

Telman v. US 67 F.2d 716 cert denied 54 Supreme Court 860, 292 U.S. 650, 78 L.Ed 1500

Tennessee v. Lane Supreme Court of the United States May 17, 2004 541 U.S. 509 124 S. Ct. 1978

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 113 F.3d 1253, cert. denied 118 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. 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, 10th 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

US v. Miller, 161 F.3d 977 cert denied Byrnes v. US 119 Supreme Court 1275, 143 L.Ed.2d 369 “CA6 (Mich.)

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 NMSA 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 (1944))

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. 316; 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 1117, 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 U.S. Dist. Lexis 21517 at *26 (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

Bankers 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-NMSC-106, 111 N.M. 64, 801 P.2d 646

Cartelio v. US CCA8 (MO) 1937, 93 F.2d 412

Cartello 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

Chavez v. City of Albuquerque, 952 P.2d 474, 124 N.M. 479, 1998NMCA-004

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 N.M. 487 1999-NMCA-073 cert granted 4 P.3d 1241, 129 N.M. 250 N.M. App. 1999

Conejos County Lumber Co. v. Citizens Sav. & Loan Ass’n, 80 N.M. 612, 459 P.2d 138 (1969)

Conservancy District, vs.  Joe Mitchell and J.T. Mitchell No. 6524 Supreme Court of New Mexico 66 N.M. 212, 345 P.2d 744 Sept. 18, 1959

Constitutional Stare Decisis 103 Harv. L. Rev. 1344, 1347 (1990) Fairchild v. United Serv. corp., 52 NM 289, 197 P.2d 875 (1948)

Cruz v. U.S. 106 F.2d 828

Davenport Recycling Assocs. v. C.I.R., 220 F.3d 1255, 1262 (11th Cir. 2000)

DC 144, cert denied 97 S. Ct. 1155, 429 US 1120, 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 961

Derringer 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

G.H. Skala Const. Co. v. NPW, Inc., 704 N.E.2d 1044, 1049 (Ind. Ct. App. 1998), trans. Denied

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 Corp., 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 (10th Cir. 1993)

Hughes v. Dyer, DC Mo. 1974, 378 F. supp. 1305

Humbert, 655 N.E.2d at 607; K.M., 651 N.E.2d at 277

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

In Korematsu v. United States, 323 U.S. 214 (1944)

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 re Machne Israel, Inc., 48 F. App'x 859, 863 n.2 (3d Cir. 2002) (quoting Nat'l Sur. Co. of N.Y. v. State Bank of Humboldt, 120 F. 593, 599 (8th Cir. 1903))

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 Crime Prevention Commission," see 23 N.M.L. Rev. 315 (1993)

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 (10th 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.,1972118 cong. Rec. 7168 (1972)

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 THEM OUT

Oliver v. Foster DC Tes. 1981 524 F. Supp. 927

Olmstead v. United States, 277 U.S. 438, 485 (1928)

Oxxford Clothes XX, Inc. v. Expeditors Int'l, Inc., 127 F.3d 574, 578 (7th Cir. 1997)

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 (10th Cir. 1997)

Pino v. Higgs 75 F.3d 1461 “C.A.10 (N.M.) 1996

Pinter v. Pinter, 641 N.E.2d 101, 104 (Ind. Ct. App. 1994)

Pumphrey v. K.W. Thompson Tool Co., 62 F.3d 1128, 1131 (9th Cir. 1995)

Rea v. State of Missouri, 84 U.S. 532 U.S.M0.,1873

Robbins v. Wilkie, 433 F.3d 755 C.A.10.Wyo.,2006

Roberts v. State Bd. of Embalmers and Funeral Directors, 434 P.2d 61 N.M., 1967

Rogers v. Lyle Adjustment Co., 70 NM 209, 372 P.2d 797 (1962).

Rozier v. Ford Motor Co., 573 F.2d 1332, 1338 (5th Cir. 1978)

Schear v. Board of Cnty. Comm'rs, 1984-NMSC-079, 101 N.M. 671, 687 P.2d 728.

Scheuer v. Rhodes, 416 US 232, 241 (1974)

Schwarz v. Folloder, 767 F.2d 125 (5 th Cir. 08/01/1985)

Schwarz v. Folloder, 767 F.2d 125 (5th Cir. 08/01/1985)

Sena v. Montoya, 346 F.Supp. 5 (D.N.M. 1972)

Silva v. Town of Springer, 912, P.2d 304, 121 N.M. 428 1996 NMCA O22 cert denied 911 P.2D 883, 121 N.M. 375 cert denied 913 P.2d 251, 121 N.M. 444 N.M. App. 1996

Skelly Oil Co. v. Universal Oil Products Co., 338 Ill.App. 79, 86 N.E.2d 875, 883-4 (1949)

Society National Bank v. Parson Partnership LTD., 122 F.3d 574

State ex rel Sandoval v. Taylor, 87 P.2d 681 N.M., 1939

State ex rel Stratton v. Sinks 106 N.M. 213, 220, 741 P.2d 435, 442 (Ct. App. 1987)

State ex rel. Callaway v.  74 N.M. 339, 343 393 p.2d 451, 454 (1964)

State v. Cochran, 112 N.M. 190, 192, 812 P.2d 1338, 1340 (Ct. App. Cert denied 112 N.M. 308, 815 P.2d 161 (1991)

State v. Jones 44 N.M. 623, 634, 107 P.2d 324, 331 (1940)

State v. Southern Pacific co. 281 P.29, 34 NM 306 "N.M. 1929

State v. Tunnell, 1982 99 NM 450 659 P.2d 902 rev 99 NM 446, 659 P.2d 989

States v. Burr, 25 F. cas. 30, 35 (No. 14,692d) (CC Va. 1807) (Marshall, c.J.)

Stephenson v. Esquivel, 614 F. Supp. 986 “D.N.M. 1985

Stonger, 776 N.E.2d at 357

Stump v. Sparkman, 435 U.S. 349 (1978)

T. Cooley, Constitutional Limitations 885 (8th ed. 1927)

Terry Properties Inc. v. Standard Oil Co., (Ind) CA11 (Ala) 1986, 799 F.2d 1523

The Idaho, 93 U.S. 575 U.S.N.Y.,1876

Thomas Stasel v. The American Home Security Corporation, 362 Ill. 350; 199 N.E. 798 (1935)

Torres v. State, 1995-NMSC-025, 119 N.M. 609, 894 P.2d 386

Toscano v. Commissioner, 441 F.2d 930, 934-36 (9th Cir. 1971)

Transaero, Inc. v. La Fuerza Area Boliviana, 24 F.3d 457, 460 (2d Cir. 1994)

U.S. v. Bowman, 173 F.3d 595 “CA6 (Ohio) 1999

U.S. v. Elwell C.A. 1 (Mass.) 1993 984 F.2d 1289 cert denied

U.S. v. Maggitt, C.A. 5 (Miss.) 1986 784 F.2d 590

U.S. v. McMahon, 562 F.2d 1192

U.S. v. Muhammad, 120 F.3d 688 “CA7 (Ill.) 1997

U.S. v. Poole, 929 F.2d 1476 C.A. 10.Kan.,1991

U.S. v. Troutman, 814 F.2d 1428

U.S.Tex.,1998

U.S. v. Wilson C.A. 4 (W. Va.) 1986 796 F.2d 55, on remand

Ulibarri v. Geistenberger, 178 Az 151, 164, 891 P.2d 698, 71 1 (App. 1993)

United Public Workers v. Mitchell, 330 U. S. 75, 330 U.S. 89-91 (1947)

United Salt Corp. v. McKee 96 N.M. 65, 628 p.2d 310 (1981)

United States v. Barbosa, No. 07-1292, 2007 WL 2050881, *1 (3d Cir. 2007)

United States v. Beggerly, 524 U.S. 38, 47 (1998).

United States v. Buck, 281 F.3d 1336, 1341-42 (10th Cir. 2002)

United States v. Burke, No. 05-5277, 2006 WL 2135044, *1 (3d Cir. 2006) (quoting Herring v. United States, 424 F.3d 384, 389 (3d Cir. 2005))

United States v. Burr, 25 F. Cas. 30, 35 (No. 14,692d) (CC Va. 1807) (Marshall, c.J.)

United States v. Guest, 383 US 745 (1966)

United States v. Pinkey, 548 F.2d 305, 31 1 (10th Cir. 1977)

United States v. Timmons, 672 F.2d 1373 (11th Cir. 1982),

US v. Anderson 798 F.2d 919 CA7 (Ind.) 1986

US v. Andreas 39 F. Supp.2d 1048 ND 111. 1998

US v. Barker CADC 1976, 546 F.2d 940, 178 US App DC 174 30,31

US v. Barrera-Moreno, 951 F.2d 1089

US v. Baum, 32 F. Supp.2d 642 “SCNY 1999

US v. Craft, 105 F.3d 1123 “CA6 (Ky.) 1997

US v. Ehrlichman, CADC 1976, 546 F.2d 910, 178 US App. DC 144, cert denied 97 S. Ct. 1155, 429 US 1120, 51 Led.2d 570

US v. Ellis WDSC 1942, 43 F.Supp. 321

US v. Kanchanalak, 37 F. Supp.2d 1

US v. Kilpatrick, 726 F. supp. 789

US v. Kozminski US Mich 1988, 108 S. Ct. 2751, 487 US 931,

US v. McDermott CA2 (N.Y.) 1990, 918 F.2d 319 cert. denied 111 S. Ct. 1681, 500 US 904, 114 L.Ed.2d 76

US v. Waddell US Ark 1884, 5 S. Ct. 35, 112 US 76, 28 L.Ed 673

Vigil v. Martinez, 832 P.2d 405, 113 N.M. 714

Village of Willowbrook v. Olech, 528 U.S. 562 (2000)

Ward v. Broadwell, 1 N.M. 75 Gild 75 N.M. Terr 1854

Weightman v. The Corporation of Washington, 1 Black 39, 50-52 (1862)

Weinstein v. City of Santa Fe ex rel. Santa Fe Police Dep't, 1996-NMSC-021, 121 N.M. 646, 916 P.2d 1313.

Wells v. Arch Hurley Conservancy District, 89 NM 516, 554 P.2d 678 (Ct. App. 1976) Wood v. Grau, 234 P.2d 362 N.M.,1951

Westinghouse Electric Corp. v. New York City Transit Authority, 14 F.3d 818

Williams v. U.S. C.A.5 (Fla) 1950, 179 F.2d 644 cert. granted 71 S. Ct. 77, 340 U.S. 849, 95 L.Ed 622 affirmed 71 S.Ct. 581, 341 U.S. 70, 95 L.Ed 758

Williams v. U.S. C.A.5 (Fla) 1950, 179 F.2d 644 cert. granted 71

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 (10th Cir. 1992)

Wright, Miller & Kane at § 2870 (citing Universal Oil Products Co. v. Root Ref. Co., 328 U.S. 575, 580 (1946))

1

OPINIONS BELOW

New Mexico Supreme Court NO. S-1-SC-39680; 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: NM Ct. App. No. A-1-CA-40690

New Mexico District Court Cases:

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 et. al.

2nd District Court: D-202-CV-2014-07755; CV-2022-03437; CV-2018-00514, CV-2023-05227, CV-2023-07042

Albuquerque Metropolitan Criminal Court T-4-CR-2023-002115, 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. 03-837 Derringer v. New Mexico Supreme Court et al-United States Supreme Court No. 18-7785

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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 1 Article III, and RICO by the judiciary and mandated to be heard for the benefit of every citizen in the United States of America as these 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 judiciary. 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 1331, certiorari denied 99 S.Ct. 116, 439 U.S. 834, 58 L.Ed.2d 130.

The United States Supreme Court has Original Jurisdiction for considerations governing review on Certiorari under Rule 10(a)(b)(c) and Special Writ under US Code Title 28 Section 1651 (a). The New Mexico Supreme Court, as the court of last resort of the State of New Mexico has violated the Constitution, the US Code, the Supremacy Clause, the statutory scheme of New Mexico including the New Mexico Constitution, Oath, and rights of due process and equal protection and

3

violations of the 1st, 2nd, 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 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 District Court for the District of New Mexico 10th Circuit wherein such 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. 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. Unethical and criminal traitors as judges have infiltrated the system, having 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. As pro-se the judicial solution is to illegally Order a citizen unable to lawfully file without any possible jurisdiction any judge to

4

peruse a Complaint or pleading before filing without jurisdiction or judicial authority without assignment to the case, and 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 Mexico and the US Government entirely liable for restitution and severe punitive damages of which have ruined David Derringer's life for 30 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". These Petitions are timely filed. The original courts 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(a) and throughout the appellate process. David Derringer has been forced to litigate before a "recused"

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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 due to RICO and judicial fraud, and has "superintending control" 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 Catron County CV-94-10 and CV-02-19 being the basis fraud of all matters hence. 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 to shock one's conscience." U.S. v. Giordano, D.Conn.2002, 260 F.Supp.2d 477. The US Congress can stop to all federal funds to the State of New Mexico because the State has

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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 publiccorruption 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

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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. 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, even refusal to come to emergency 911 calls, making criminal hate crimes against the Petitioner with no avenue of escape. The NM Courts have weaponized attack and predation, with knowledge that Derringer is trapped in the 13th Amendment imprisonment and involuntary servitude of NM public saturated Democratic corruption. Petitioner is deliberately denied Constitution as an

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“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, 14TH Amendments. The NM Courts threaten, intimidate and coerce a Pro-Se litigant to stop litigation and to deny 1st Amendment rights of placing public records in a court record that can be accessed in disclosure to the public through ("FOIA" and NM IPRA") exposing judicial corruption by "intimidation", "threats", "coercion", and by falsely and illegally "criminally attacking" a pro-se party with intent to silence in incarceration by motive to assassinate. In retaliation of Civil Suits the NMLB steals and kills Derringer animals in domestic terrorism. 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 and use of the US Courts under US Code Title 42 Section 1981 (a) for filing a Complaint against a Judge when that Judge has violated Constitution 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. Derringer thus cannot have his court or

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public records destroyed 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. “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" 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

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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, 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 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 state, disregarding the Constitution, and sabotaging and

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permanently damaging Section 1 Article III. This entails a long history 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 other debauchery. For such protection, 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

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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 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

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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 therefore. 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. 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

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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 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 and 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 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 5] 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

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money to level and terrace the aforementioned alleged 26 acres claiming that it was like that as per fraudulent declaration #02311. [Exhibit 6, 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 by engaging calls to the FBI, DOJ and DEA. Derringer enabled an undercover DEA 3 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 over 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 buddies, 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

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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 Canon could see 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 landing zone. Judge Fitch had orchestrated an assassination plot against Derringer, Ordered Derringer not to be able to litigate, [Exhibit 7, footnote] then abandoned at the last minute of hearing in 2002, because Derringer well documented it in the 10th Circuit US District Court of cases Derringer v. Fitch et al.

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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 UnitedStates Courts forever, (in criminal acts of USC 18-241, 242, 1503 and fraud on the court). [Exhibit 7] 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. [Exhibit 8, 9] 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

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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 and Sinaloa Cartel adverse possession of the property. This rendered Derringer homeless in fraud at automatic gunpoint from the 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 wells illegally. Now, over 18 years of stealing the Derringer 60-acre feet of Pre-1907 ground water wherein there is no jurisdiction of the OSE, Chapel has used 1,080 acre feet of Derringer water in criminal larceny, or $351,919,080.00 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. [Exhibit 10] 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

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receipt document [Exhibit 10]. (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 and the Sinaloa Cartel. In 2012, Derringer moved to the Albuquerque West Mesa Pajarito with the 32 horses from the Derringer Quemado ranch, and realized that the same Sinaloa Cartel operated unrestrained in “sanctuary” city Albuquerque, and Bernalillo County, with Governor facilitating the New Mexico/Mexico border “wide open” to assist the Sinaloa Cartel RICO operations against the US public in the Democrat polical insurrection coup to over throw the United States. 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. In 2014, already a family history of felony convictions of horse rustling, Sinaloa Cartel Benavidez’ started stealing Derringer horses on the open range Pajarito. Grand horse rustling larceny is tied to many other Sinaloa Cartel direct members with Chihuahua plates living as crime headquarters located on the Pajarito. Despite Sinaloa Cartel Benjamin Benavidez Jr. ranch admitting in court record to being horse thieves stealing Derringer horses, all NM law enforcement refused their Oath and law arrest or prosecute, instead NMSO, BCSO, VCSO, and

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NMLB “protected” the Benavidez and other Sinaloa Cartel. The very law enforcement specifically designed to stop livestock rustling of the New Mexico Livestock Board since 1911, NMSA Chapter 77, discharges duties of all law enforcement including NMLB as statutorily defined in NMSA 29-1-1 and 29-1-2. Then discovered a long history of the NMLB working with the Sinaloa Cartel RICO racketeering horse rustling operation and protecting the Sinaloa Cartel from arrest, prosecution, and wherein the NMLB officers themselves were horse rustlers. In 2018 after several Derringer Plaintiff court litigations being “rigged” to protect state employees and Sinaloa Cartel against legal Derringer law suits, Derringer again sought justice and redress from the United States Supreme Court in No. 18-7785 and was again denied due process and opportunity to be heard by a simple “court clerk” of the “cert-pool”. NMLB started “baiting” Derringer horses in 5 or more locations on the 27 sq. miles of private lands of the Pajarito wherein, this was not public lands with no jurisdiction of the government NMLB, miles away from the Derringer residence and deliberately stealing Derringer horses in criminal larceny, hiring help by taxpayer money of Sinaloa Cartel illegals, domestic terrorists, local cowboy accessories and other state employees involved. All are taking bribes, perks, and use of the Sinaloa Cartel drug money, drugs, and the Bernalillo County Sheriff Department buying fully automatic contraband firearms from the Sinaloa Cartel.  As

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of the end of 2023, after 12 years of open range breeding of the original 32 Derringer horse breeding herd, Derringer owns over 362 horses, wherein now, the NMLB andthe Sinaloa Cartel working in concert of RICO racketeering and defiance of law have stolen now 337 Derringer horses, and ongoing, lifetime value of $100,000.00 per horse, or $33,700,000.00. As the New Mexico State Police told Derringer to “leave NM, we don’t want you here, we won’t help you”, and BCSO, VCSO refuse to stop the rustling and refuse to come to any Derringer 911 calls, no designed agency of government will enforce any laws. The New Mexico Livestock Board officers are personally stealing Derringer horses, hiding behind their badges, where citizen Derringer cannot stop them or get arrested or shot. In attempts for justice and relief Derringer has filed complaints with the Bernalillo DA only to find that Raul Torrez, took pride in the Albuquerque Journal of being bribed by international Communist George Soros with $100,000.00 to persecute American conservatives and defend criminals of the Sinaloa Cartel; Raul Torrez now NM Attorney General with more power.  Complaints made to Governor Grisham are totally “known” and ignored. Derringer has now filed and won by default 11 separate Civil law suits, all “rigged” with ignored default mandated judgments for Derringer as a way to stop justice and redress, and obstruct any appeals. For domestic terrorism the NMLB colluded with the Sinaloa Cartel to capture, butcher-while-alive a Derringer 1-week

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old baby filly, [Exhibit 11] and throw the dead horse at the Derringer death threat and intimidation to stop Derringer’s legal litigation against the NMLB and select NMLB employees of Darron “Shawn” Davis, Francisco “Cisco” Lovato, Manuel Monte, and Justin Gray. In retaliation of Derringer Civil Suits, Officer Manuel Monte and Justin Gray weaponized the courts to file known false criminal complaints (NMSA 30-39-1 and PC 118.1) against Derringer on April 20, 2023 in the Albuquerque Metropolitan Court of T-4-CR-2023-002115 and illegally arrested and imprisoned Derringer. While transporting Derringer to jail Manuel Monte stopped to talk and laugh with Sinaloa Cartel buddy Hector Cabrera that currently had a Derringer stolen stallion in their pen, well known by the NMLB. Upon Derringer’s own Motion to Dismiss for Cause, this criminal fraudulent complaint was withdrawn, only for Officer/partner to increase and embellish more criminal known false Complaint against Derringer then re-filed against Rules and without sustaining law as T-4-CR-2023-003902. In emphasis of criminal larceny to terrorize Derringer, Officer Justin Gray then personally stole 13 (17 as 4 mares are pregnant) Derringer horses and posted an extortion/ransom note on Derringer’s front door residence [Exhibit 12] and to no other 357,000 Bernalillo County residents while lying to public record the horses were strays, he had taken from locked Benavidez pens, who had already stolen them from Derringer. All litigation by Plaintiff

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18   Derringer was valid and “rigged” for illegal defeat by the NM Judiciary. It is clear to this Court upon “judicial notice” that Defendants to Derringer of the State of New Mexico, NMLB, State Employees, Sinaloa Cartel, domestic terrorist did not even answer the Complaints, with knowledge the New Mexico and the corruption of Article III by NM Judiciary is defeated, wherein Defendants had already been told they can ignore any Derringer legal suit and be unanimously “protected”. Upon Petition for “Superintending Control” to the New Mexico Supreme Court, it was “denied” without reason or authority, allowing all Derringer 11 won suits to simply be “ignored”. [Exhibit 1, 2, 3, 4]. In direct retaliation of Derringer v. Gray CV-2023-07042, as treason, domestic terrorism, hate crimes, violation of RICO and 18 USC 241, 242, 1503, 1505 Justin Gray acts as delegated by the State of NM and NMLB to steal in terrorism 15 more Derringer horses in violation of US Code Article 42 Section 1982. [Exhibit 14]

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,

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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 3 NM branches of government are involved directly with RICO acts and treason against the United States. US Supreme Court prior decisions enforcing the laws to the benefit of David Derringer and have been discarded in order to punish David Derringer for legally continuing to exercise his Constitutional rights, which by doing exposes the extreme judicial and public corruption and cocaine and pedophilia

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intertwining of RICO violations of the NM State Judiciary and other politicians involved. Under Rule IO(a), the US Supreme Court has a duty to uphold both Constitution and uphold their own former rulings that conflict with the current egotistical errors of the NM Supreme Court. The NM S. Ct. has decided federal questions in legal error, violated Oath and the 14th Amendment Section 3 and violated the Supremacy Clause, and extremely departed from the accepted and usual course of judicial proceedings and sanctioned and condoned the lower court's persecution and punishment of a US citizen exercising Constitutional rights in retribution, retaliation, and revenge against singled-out David Derringer that has stood up against the judicial corruption of New Mexico, calling thus 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 30 years of persecution of David Derringer, originally stemming from the unknown error of buying the land in Catron County next to the major hub 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

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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. In CV-94-10, there was continual fraud on the court, coupled with destruction of court and public records, perjury of testimony of OSE Wayne Canon first testifying in the trial before lunch that Chapels had no valid water rights because the USDA forest service 1935 aerial photograph showed the Chapel property in a “native state” [Exhibit 5] with no development of any kind, and then, after lunch, OSE Wayne Canon 180 degree reversed his testimony in perjury that he could see irrigation canals and 26 acres of developed lands on the Chapel property similar to the 1995 photograph [Exhibit 6]. Clearly, there is no development in the 1935 photograph and moreover the land was not level making irrigation impossible. Before trial, in 1995, Chapels had to terrace the sloped 26 acres whereas it was impossible to simply level the whole 26 acres with the drastic gradient. Accordingly, CV-94-10 is moot and all judgments therefrom must be reversed and dismissed under extreme fraud. CV-02-19 simply ran with the CV-94-10 illegal judgments and started an illegal foreclosure. In CV-02-19, additional fraud

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on the court prevailed with the court not following the statutory foreclosure scheme, without proper advertisement, with not enough 2/3 property value claims for foreclosure, and perjury and fraud in ex-parte hearings that Chapels were owners and landlords over the Nevitt/Derringer alleged as “simple tenants”. [Exhibit 8] nullifies any contention that Chapels ever had any ownership of the property and no transfer from either the predecessor Ray Eichner to Chapels and no transfer from the Nevitt/Derringer to Chapels, nullifying any contention of Chapels ever being landlords to the Nevitt/Derringer. Accordingly, CV-02-19 built on the fraud of CV-94-10, increased the fraud with addition of perjury an violations of statutory foreclosure mandates, did not have the lien value to foreclose, and could not take any personal property as Chapels not ever landlords, wherein also Derringer driven of his legal property “at gunpoint” of the Sinaloa Cartel does not constitute “abandonment’. Therefore, the clear title/warranty deed must be reverted back to exclusive ownership of David Derringer. Then, since Chapels removed and destroyed not only all moveable personal property, but destroyed all structures on the property to return the property back to a native state, destroying and stealing Millions of dollars of structures and the 14 years of labor of Derringer building all. Chapels’ then at gunpoint denying Derringer ingress and egress to exercise his personal property Pre-1907 water rights without jurisdiction of the OSE were

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criminal acts of simply larceny of the ground water that Chapels immediately used 60 acre feet for 18 years and with the State of New Mexico of full knowledge with the destruction of public records by OSE Wayne Canon, the evidence is clear that since Wayne Canon lied in the court to be the one “expert” to force a win of CV-94-1, it is no stretch of imagination why OSE Wayne Canon seeks to destroy Nevitt/Derringer well transfers so as to future forge signatures to grant the wells to Chapel illegally, rigging the public record by destruction of [Exhibit 10]. The now 11 law suits filed against the New Mexico Livestock Board, show distortion of court records in the vast fraud on the courts, in attempts for a state paid attorney attempting to represent a select private individual falsifying the court record, recused judges refusal to vacate the case, denial of hearings, ex-parte hearings, denial of paid-for jury and denial of trial, and simply most Defendants in total Default never bothering to answer the Complaint, yet all judges blocking Default judgment to not grant justice or redress, and all such illegal actions supported by the NM Supreme Court without reasons or authorities. When the Petitioner “wins” under law, the NM Courts deny Default and “rig” the case where there is no rule of law or “justice”. Clearly, the “reasons” are to support the treason the NM Deep State public Democrat corruption to protect and support the invasion of the Sinaloa Cartel in the Communist coup to overthrow the United State. All players in all actions in the 11 suits are both

29

criminals doing conspiracy, obstruction of justice, intimidation, larceny, destruction of records, falsifying documents, and multiple crimes associated with the motive of treason. The most egregious acts are public officials and law enforcement lying in oath, to then both do treason against Americans. NMLB “officers” are the worst evil display of a “public servant” hired to “protect and serve”, wherein the most vicious is Officer Justin Gray who is totally intertwined with the RICO horse rustling of admitted horse rustler Benjamin Benavidez Jr. and the Justin Gray steals 13(17) horses himself. This shows the Mafioso street gang mentality of Justin Gray not only as a traitor to America with Sinaloa Cartel, but without any morals of conscience to attack Derringer’s animals, and particularly to steal a herd of 13(17) wherein 8 of the herd are simply “babies” and 4 of the mares are pregnant with babies. Without doubt, Justin Gray simply lied in oath to attain a power bullying position as a “law enforcement officer”, and after getting his badge and gun perceives himself as the “apex predator. Accordingly, all 11 cases are won by Derringer and are mandated for Derringer to receive Default judgments in all counts of each in all requested amounts and all requests for sanctions. For now the third time of the 30 year ongoing extreme corruption and deprivation under all Construction against Derringer, once again this is exposed to the United States Supreme Court of all treason, and outrageous destruction of the Section 1 Article III to expose these and other unlawful

30

activities until some element of the Government takes corrective action. Prei Inc. v. Columbia Pictures 508 U.S. 49, 113 S. Ct. 1920, 1925, 123 L. Ed. 2d 611 (1993). THEREFORE, the petition for a Writ of Certiorari should be granted and the special writ; action should be Ordered mandated to the New Mexico Supreme Court to immediately Order judgements for Plaintiff Derringer in the 13 underlying cases of New Mexico Supreme Court NO. S-1-SC-39680; UNDERLYING: New Mexico Court of Appeals No. A-1-CA-40690; New Mexico District Court Cases: 7th District Court: CV-94-10; CV-02-19; D-727-CV-2021-00028, ; 13th District Court: D-1314-CV-2021-00541 -Derringer v. Davis & Derringer v. State of New Mexico et. al.; 2nd District Court: D-202-CV-2014-07755; CV-2022-03437; CV-2018-00514, CV-2023-05227, CV-2023-07042, CV-2023-09203; Albuquerque Metropolitan Criminal Court T-4-CR-2023-002115, 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. 03-837; Derringer v. New Mexico Supreme Court et al-United States Supreme Court No. 18-7785. THE Illegal attack on the Petitioner is relentless wherein the New Mexico Livestock Board with a badge and gun and as Sinaloa Cartel domestic terrorists, simply steal in larceny now 346 Derringer horses from

31

private land fraudulently calling the Derringer personal property “strays” to circumvent all law of violations of forfeiture, mandated warrant, mandated due process, equal protection and simply auction off Derringer property or sell to others, or give to the Sinaloa Cartel for bribes, cocaine, minor illegal children for slaves, pedophilia, and money kickbacks where the Derringer horses as loved pets, working trade tool and breeding animals and personal companions and treasured, are illegally taken to Mexico to be slaughtered for meat then sold to Japan at $29.00 per pound. Under the "Supremacy Clause" the State of New Mexico should be denied all federal funding do to Constitutional subjugation in secession against the Union.

REOUEST FOR RELIEF

David Derringer s 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 redress by the following:

1 Order all Constitutional and Amendment rights restored in full for pro-se use of any Court in the United States, not subject to “approval” by a judge blocking ministerial filing before said judges have no jurisdiction or judicial capacity, and use USSC discretion for extreme sanctions against the US District Court for David Derringer for the Court doing criminal acts of US Code Title 18 Section 241, 241,

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1503 and deliberately depriving Derringer his inalienable rights to due process and equal protection under the 4th, 5th, and 14th Amendments, that are by no means a “privilege” as alleged by the 10th Circuit Court.

2 Order the State of New Mexico, the New Mexico Supreme Court, and the New Mexico Livestock Board to each separately pay restitution, reparations and punishment of forced upon Derringer involuntary servitude, imprisonment of the NM public corruption, treason, secession of Constitutional rights for 30 years of forced slavery and oppression of the monetary amount of $10 Billion dollars from “each” tax free.

3 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 at the discretion of the Court.

4 Order a complete report or directive to investigate all NM Judiciary under Code of Judicial Conduct Canon 3 (D)(1) to the proper authorities, including treason and RICO racketeering.

5 Order the immediate judgement of restoration of the clear title/warranty deed returned to David Derringer of the real property, complete amounts of restoration of

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Chapel stolen personal property groundwater of $351,919,080.00, destruction of $1.2 million dollars of Derringer structures and labor construction costs, and $1.5 million dollars of larceny of all Derringer personal property from the Derringer real property ranch by fraud on the court falsely lying that Derringer “abandoned” all personal property as :tenants”.

6 Order judgements against all Defendants in all 11 cases wherein Derringer has won all counts in all amounts by DEFAULT in all 11 cases, including all Defendants FRAUD ON THE COURT, and all requested sanctions in each case. Extreme fraud on the court has been conducted by Defendants, attorneys and judges and justices involved with total New Mexico Supreme Court complicity;  NO. S-1-SC-39680.UNDERLYING: New Mexico Court of Appeals No. A-1-CA-40690; New Mexico District Court Cases: 7th District Court: CV-94-10; CV-02-19; D-727-CV-2021-00028; 13th District Court: D-1314-CV-2021-00541 -Derringer v. Davis & Derringer v. State of New Mexico et. al.; 2nd District Court: D-202-CV-2014-07755; CV-2022-03437; CV-2018-00514, CV-2023-05227, CV-2023-07042.

7 Order immediate return of the exact 337 stolen horses from the Pajarito in good health, with $50,000.00 punishment amount for each horse stolen in larceny, and award lifetime value of $33,700,000.00 for all horses if not returned, or $100,000.00

34

for each horse not returned. 8 Court discretion awards to Derringer for treason of the New Mexico Livestock Board’s treason, conspiracy, and collusion with the invading Mexican National Sinaloa Cartel.

9 Any other and just punishment, sanctions, and disciplinary actions against any named respondents and lower underlying Defendants the Court deems just and proper. and any other and further relief, compensation and restitution to be awarded to David Derringer.

10 As all government of New Mexico (3 branches, and law enforcement) are allowing the NMLB in direct assistance with the Sinaloa Cartel to keep stealing Derringer’s personal property of 337 + horses ongoing, and extreme domestic terrorism, with ignoring replevin, ignoring now 11 cases Derringer won by default and all defendants’ fraud on the court. Horses are live breathing animals making it extremely time sensitive for return of all animals “unharmed” immediately. This court has a duty to stop the domestic terrorism against Derringer as well as stop the constant crimes of treason taking precious pets, working and breeding horses, and “trade tools” as working animals; all ruining Petitioner’s life permanently. Under rule of law, this court has to intervene to gain the return of Petitioner’s horses as well as other substantive matters herein.

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11 Order an instant permanent injunction against the New Mexico Livestock Board to stop stealing Derringer horses on the Pajarito Mesa and Santolina area of the West Mesa of Albuquerque, New Mexico and Order for replevin of all Derringer illegally stolen horses since 2019 returned in good health and ungelded and unneutered, paying Derringer restitution, reparations, punishment of $50,000.00 in punishment for each of 346 horses illegally stolen, punishment of $50,000.00 for any stallion gelded/neutered, $50,000.00 for any mare spade/neutered, $100,000.00 for any original horse not returned and additional $50,000.00 for any Derringer horse found to have been murdered for sale of meat or murdered as intimidation and obstruction of justice against Derringer’s rights under 18 USC 241, 242, 1503, 1505 and acts of treason against America of 18 USC 2381, and for the New Mexico Livestock Board and all employees to stay 200 yards away from and never further ever touch, herd, capture or interfere with the Derringer horses as Derringer’s rights to own, control and enjoy personal property under 42 USC 1982.

Respectfully submitted by ______________________________________

Box 7431 Albuquerque, New Mexico 87194

MOTION TO TAKE JUDICIAL NOTICE

Petitioner comes now to request judicial notice of the following case dockets and pleadings of the explicitly arising under, arising in, and intertwined appurtenant NM

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state cases having a direct bearing on the substance of both the Petition for Certiorari, and the Extraordinary Petition for Superintending Control: New Mexico Supreme Court NO. S-1-SC-39680; UNDERLYING: New Mexico Court of Appeals No. A-1-CA-40690; New Mexico District Court Cases: 7th District Court: CV-94-10; CV-3502-19; D-727-CV-2021-00028, ; 13th District Court: D-1314-CV-2021-00541 –Derringer v. Davis & Derringer v. State of New Mexico et. al.; 2nd District Court: D-202-CV-2014-07755; CV-2022-03437; CV-2018-00514, CV-2023-05227, CV-2023-07042, CV-2023-09203; Albuquerque Metropolitan Criminal Court T-4-CR-2023-002115, T-4-CR- 2023-003902. Orders to not file pleadings, no jury, no due process or equal protection, while protecting the very invading Mexican National Sinaloa Cartel as treason to the United States is outrageous and must be punished. [Exhibits 14-17]

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. These Petitions are timely.

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CERTIFICATE OF SERVICE

 I hereby certify that in forma pauperis, I caused 1 true and correct original of the foregoing Emergency Petition 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 ____ day of December, 2023 for filing to: The Supreme Court of the United States, 1 First Street N E Washington, DC 20543 this ____day of November, 2023 I further hereby certify that I caused 1 true and correct original of the foregoing Petitions with one full copy of Addendum attachments, to be sent on the ____ day of December, 2023 for Respondents:

State of New Mexico, 490 Old Santa Fe Trail Room 400, Santa Fe, New Mexico 87501

New Mexico Attorney General, 201 3rd St, N W #300, Albuquerque, New Mexico 87102

New Mexico Livestock Board, 2105 Osuna Rd. N E South bldg. Albuquerque, New Mexico 87113

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.

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By ______________________________David Derringer, Box 7431, Albuquerque, NM 87194

US Supreme Court Addendum exhibits.pdf

Download PDF • 12.36MB

No.

No.

IN THE

SUPREME COURT OF THE UNITED STATES

EMERGENCY PETITION FOR WRIT OF CERTIORARI US SUPREME COURT RULE 10(B)(C), US SUPREME COURT RULE 17(1), ORIGINAL JURISDICTION ARTICLE III, 1251(B)(2) INVOLVING SUPREMACY CLAUSE ARTICLE VI; PETITION FOR EXTRAORDINARY WRIT US SUPREME COURT RULE 20, IN RE DAVID DERRINGER UNDER US CODE TITLE 28 SECTION 1651(A), PETITION FOR SUPERINTENDING CONTROL REGARDING DESTRUCTION OF CONSTITUTION AND DESTRUCTION OF ARTICLE III BY THE ENTIRE STATE OF NEW MEXICO AND NEW MEXICO JUDICIARY - RICO OF JUDICIARY; MOTION TO TAKE JUDICIAL NOTICE; AND REQUEST FOR RELIEF

DAVID DERRINGER,

Petitioner-Pro-Se,

vs.

STATE OF NEW MEXICO, NEW MEXICO SUPREME COURT, NEW MEXICO LIVESTOCK BOARD, US DISTRICT COURT FOR THE      DISTRICT OF NEW MEXICO 10TH CIRCUIT

Respondents,

ADDENDUM EXHIBITS

INDEX TO ADDENDUM EXHIBITS

1        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.

2        Original Derringer heading of Petition for Superintending Control that cannot be corrupted by the NMSC, showing the heading exposing 9 underlying cases Derringer won by Default where corrupt judges Murphy, Mercer, Ortega, Lopez, O’Connell, Brickhouse, and now Derringer being attacked by Judge Nina Saffier.

3        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.

4        “Rigged” case dismissal and Order denying due process and equal protection to prevent Plaintiff Derringer from legal Motion for Reconsideration and blocking legal appeals to protect the Defendants State employees and Sinaloa Cartel, in TREASON, and to protect attorney Daniel Mackey that embezzles state tax money as a State attorney to illegally represent select citizens Manuel Monte and Justin Gray.

5        Forest Service-USGS photograph 1935 showing Chapel property native state

6        Chapel same property as #1 above in 1995

7        Illegal Order of 10th Circuit US District Court for the District of New Mexico depriving 1st, 4th, 5th 14th Amendment rights to due process and equal protection, claiming use of the US Courts is only a "privilege"

8        Exclusive ownership of the Nevitt/Derringer property by warranty deed

9        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 exclusively Derringer’s personal property

10   Legal transfer of all 4 Nevitt/Derringer wells to exclusive ownership of David Derringer from Derringer’s late wife Susan Nevitt

11   Domestic terrorism of the NMLB in cahoots with the invading Mexican National Sinaloa Cartel, butchered-alive one-week old Derringer baby Quarter Horse filly thrown at the Derringer residence by knowledge and complicity of the State of New Mexico, New Mexico Supreme Court, New Mexico Livestock Board, and as a death threat against David Derringer to stop exercising Constitutional rights of due process and equal protection that is exposing the public corruption of New Mexico by Plaintiff Derringer’s Civil Litigation legal use of the Courts

12   Extortion/Ransom posted notice from NMLB Officer Justin Gray wherein Justin Gray stole 13(17 horses as 4 mares pregnant) without authority by law, and without warrant or due process, in collusion with the Sinaloa Cartel, with Justin Gray’s “personal grand larceny” hiding behind a badge and gun.

13   Derringer’s legal request for NMSA 14-2-(1-12) Inspection of Public Records Act (based on Federal FOIA) that directly exposed the NMLB and total State of New Mexico horse larceny and cover-up, so as to get the invading Sinaloa Cartel bribes, cocaine, fentanyl, and unaccompanied minor children for the elite NM government to rape, and New Mexico Livestock Board and the New Mexico Secretary of State total denial of Legislated law to cover up the NMLB horse larceny of 337 Derringer horses and protect the invading Mexican National Sinaloa Cartel ass traitors against the United States.

14   In direct retaliation of Derringer v. Gray CV-2023-07042, as treason, domestic terrorism, hate crimes, violation of RICO and 18 USC 241, 242, 1503, 1505 Justin Gray acts as delegated by the State of NM and NMLB to steal in terrorism 15 more Derringer horses in violation of US Code Article 42 Section 1982.

15   Retaliation and intimidation obstruction of justice larceny by New Mexico Livestock board stealing more Derringer horses because of the further legal Derringer suits of CV-2023-07042 and CV-2023-09203.

16   Legal attempt to stop the New Mexico Livestock Board from illegally auctioning off the stolen property of Derringer taken in fraudulent claims of “stray horses” when well known owned by Derringer, where Derringer was unable to stop the larceny done by NMLB Justin Gray and George Munoz “with a badge and a gun”, by legal filing for a TRO then instantly denied by the corruption of the same Judge Brickhouse not granting default judgement for CV-2023-07042 to protect Justin Gray, Benavidez and the invading Sinaloa Cartel.

17   Face filings of underlying legal attempts of due process and equal protection blocked in all New Mexico courts when as won by default and summary judgements and under all law, Courts denied granting mandated judgements to single out and target Derringer as a whistleblower on the public corruption of the State of New Mexico.

1.     New Mexico Supreme Court fraud on the court and 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 (now 11 cases) in order to protect unlawful state employees and the Sinaloa Cartel.

2.     Original Derringer heading of Petition for Superintending Control that cannot be corrupted by the NMSC, showing the heading exposing 9 underlying cases Derringer won by Default where corrupt judges Murphy, Mercer, Ortega, Lopez, O’Connell, Brickhouse, and now Derringer being attacked by Judge Nina Saffier. Below Petitioner’s correct heading (that cannot be changed by the NM Supreme Court to conceal damaging fraud on the court; 18 USC 1519) discloses the very purpose of the Petition for Superintending Control of the fraud on the court and illegal denial of at that time 9 (now 13 cases) different underlying law suits illegally protecting criminals of NM state employ and the invading Mexican National Sinaloa Cartel.

________________________________________________________________

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

NO. S-1-SC-39680

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

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

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

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

David Derringer,                                                        

            Plaintiff-Petitioner,                                                                

V.

Defendants-Respondents,

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

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

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

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

Jurisdiction is granted the NM Supreme Court under the NM CONSTITUTION ARTICLE VI (3) (32). The plain language of NM constitution Article VI Section 32 would enable as also “public record as judicial notice” for the NM Supreme Court’s mandates to peruse, examine and evaluate the egregious acts committed in all the above intertwined, related, arising in, arising under and inexplicably intertwined stated cases, and each totally related to the subject motives of NM Democratic voting fraud, administration and judicial and attorney pedophilia (debased NM elite above the law use of Sinaloa Cartel human trafficking of minor children), cocaine, methylamphetamine, fentanyl, and other controlled substances and illicit sexual deviants not “honorable” in judicial and administrative circles. Attorneys, state OSE employees, law enforcement, state agencies of the NMLB and likely “thousands” of other state employees are involved as well as multiple judges. An extraordinary writ issued by a superior court to any inferior court is to prevent the latter from usurping jurisdiction, denying Constitutional rights, blatant judicial and public corruption, and in this matter criminal treason against the United States of America assisting an invasion of Mexican National Sinaloa Cartel, is MANDATED by

3.     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.

4.     “Rigged” dismissed case wherein all Defendants DEFAULTED, and Order denying due process and equal protection to prevent Plaintiff Derringer from legal Motion for Reconsideration and blocking legal appeals to protect the Defendants State employees and Sinaloa Cartel, in TREASON, and to protect attorney Daniel Mackey that embezzles state tax money as a State attorney to illegally represent select citizens Manuel Monte and Justin Gray.

5.     Forest Service-USGS photograph 1935 showing Chapel property native state

6.    Chapel same property as #1 above in 1995

7.    Illegal Order of 10th Circuit US District Court for the District of New Mexico depriving 1st, 4th, 5th 14th Amendment rights to due process and equal protection, claiming use of the US Courts is only a "privilege"

8.     Exclusive ownership of the Nevitt/Derringer property by warranty deed

9.    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 exclusively Derringer’s personal property.

10 Legal transfer of all 4 Nevitt/Derringer wells to exclusive ownership of David Derringer from Derringer’s late wife Susan Nevitt.

11  Domestic terrorism of the NMLB in cahoots with the invading              Mexican National Sinaloa Cartel, butchered-alive one-week old Derringer baby Quarter Horse filly thrown at the Derringer residence by knowledge and complicity of the State of New Mexico, New Mexico Supreme Court, New Mexico Livestock Board, and as a death threat against David Derringer to stop exercising Constitutional rights of due process and equal protection that is exposing the public corruption of New Mexico by Plaintiff Derringer’s Civil Litigation legal use of the Courts.

12   Extortion/Ransom posted notice from NMLB Officer Justin Gray wherein Justin Gray stole 13(17 horses as 4 mares pregnant) without authority by law, and without warrant or due process, in collusion with the Sinaloa Cartel, with Justin Gray’s “personal grand larceny” hiding behind a badge and gun.

13   Derringer’s legal request for NMSA 14-2-(1-12) Inspection of Public Records Act (based on Federal FOIA) that directly exposed the NMLB and total State of New Mexico horse larceny and cover-up, so as to get the invading Sinaloa Cartel bribes, cocaine, fentanyl, and unaccompanied minor children for the elite NM government to rape, and New Mexico Livestock Board and the New Mexico Secretary of State total denial of Legislated law to cover up the NMLB horse larceny of 337 Derringer horses and protect the invading Mexican National Sinaloa Cartel ass traitors against the United States.

IPRA DEMAND STOLEN HORSES

Nov 7 at 5:05 PM

Top of Form

Bottom of Form

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D D <d2bowman4570@yahoo.com>

To: ipra.sos@sos.nm.gov, Nancy Henry <nlhenry@mindspring.com>, sheriffjoshuajames@gmail.com, sheriffjoshuajames@gmail.com, daniel.trujillo@krqe.commore...

Cc: D D <d2bowman4570@yahoo.com>

November 7, 2023

David Derringer

Box 7431

Albuquerque, New Mexico 87194

To:

1.    New Mexico Inspection of Public Records: “The Inspection of Public Records Act (IPRA), NMSA 1978, §14-2-1 to – 12, is a New Mexico state law that provides the public access to public records. The law requires open access to almost all public records in state and local government, with a few exceptions.”

New Mexico Secretary of State,

325 Don Gaspar, Suite 300, Santa Fe, NM 87504.

ipra.sos@sos.nm.gov

________________________________________

2.    The Attorney General has the statutory authority to enforce IPRA, as do district attorneys.

New Mexico Attorney General

201 3rd St. NW

Suite 300

Albuquerque, NM 87102

________________________________________

3.    New Mexico Livestock Board

2105 Osuna Rd NE Building South

Albuquerque, NM 87113-3203

________________________________________

DEMAND FOR IPRA The Inspection of Public Records Act (IPRA), NMSA 1978, §14-2-1 to – 12

COMES NOW, New Mexico citizen David Derringer with his demand for transparency of tax-paid public records with the following numbered requests.

PREAMBLE:

The New Mexico Livestock Board (NMLB) and various New Mexico Livestock Board Inspectors (NMLBI) have a sorted (illegal prepared for or provided with) proven and documented history with citizen David Derringer of larceny of livestock, horse rustling, fraud on the court, falsification of public records, facilitation of horse and livestock rustling with select citizens, and facilitation of horse rustling with aiding, abetting, collusion, and conspiracy with the invading Mexican National Sinaloa Cartel, in “treason” against America, by taking bribes, paybacks, kickbacks, and other Sinaloa Cartel “perks” for protection of the RICO Racketeering horse rustling enterprise of the Sinaloa Cartel taking stolen horses from New Mexico to the country of Mexico for meat sales, using the convicted felon “fence” of horse rustling and illegal possession of stolen horses; Dennis Chavez, DC Auction, SW Auction, SW Event Center located at 24 Dalies Road, Los Lunas, New Mexico 87031.

The NMLB has been doing criminal acts against citizen David Derringer for almost 3 decades (30 years) and likely against other NM citizens since formation in 1911. As of about 2019 until present, the NMLB has facilitated the proven horse rustlers, Sinaloa Cartel, Benavidez Jr. and Benavidez Ranch of Santalina grazing permit of Garrett Development Corp. LLC and Benavidez Ranch at 9701 Volcano Ave. Albuquerque, New Mexico 87121. To this date November 5, 2023 ongoing the NMLB, Sinaloa Cartel members, Cartel Benavidez and other accessories have stolen 285 + Derringer horses (lifetime value of $28,500,000.00, $28 ½ MILLION dollars.) from the Pajarito open range private lands and the private lands of the Santolina, whereas none of these lands are “public lands”, none are legal herd districts, and none of the horses on the Pajarito are “wild horses”. The last two weeks another 27 horses are missing in addition. Hence, the NMLB “intent” of classifying any horses on the Pajarito as “estrays” is criminal fraud with larceny intent, and wherein the NMLB has no legal jurisdiction to designate any horse on private land open range as a stray, and has not jurisdiction to steal any horse in governmental public corruption. Private citizen Justin Gray has personally stolen in larceny 13 Derringer horses (17 as 4 mares are pregnant) worth a lifetime value of $1,700,000.00, $1.7 MILLION dollars.

1.    In 2002, NMLBI Tommy Padilla of Quemado, NM district, orchestrated larceny of a horse for his co-conspirator Steve Jensen. In this process, NMLBI Tommy Padilla and the NMLB falsified public records with photoshopped photographs and fraudulent statements and other documents in a cover-up of IPRA as David Derringer sought legally to expose the public corruption of the NMLB. SEE Derringer v. State, 133 N.M. 721 (N.M. Ct. App. 2003) 2003 NMCA 73 68 P.3d 961.

2.    In 2006 NMLBI Buddy Eby of Silver City, NM orchestrated the larceny of livestock of $47,000. of David Derringer’s registered 9 pack llamas and pack goats with Francis Elaine Baxter of Silver City, NM allowing her to breach the Derringer/Baxter contract of caretaking the Derringer animals wherein the Sinaloa Cartel had driven Derringer from his legal ranch at the gunpoint of automatic weapons, by authorizing without consent of owner Derringer for Baxter to sell, kill, illegally transport such Derringer-owned animals without any notice or authority, wherein all animals were never seen against, and perfected fraud on the court, perjury to court, grand larceny of livestock and other extreme criminal acts perfected in bribery of Judge Clay Campbell. Derringer v. NMLB, F.E. Baxter et al.

3.    In 2014 NMLBI Randall Riley orchestrated with Benjamin Benavidez Jr. the larceny of livestock 2 horses of David Derringer’s registered Quarter Horse/Palomino mare “Sunshine” and registered Halflinger “TaTonka” stolen by Benjamin Benavidez Jr. and father Benjamin Benavidez “the elder” by use of the statutory non-compliant barbed wire Pajarito fence line  . Admitted in Court by the Defendants Benavidez in Derringer v. Benavidez et al answer of January 15, 2015,  D-202-CV-2014-07755 that Benavidez had stolen 2 known Derringer horses claiming fraud of “trespass of livestock” and had used Benavidez trucks and trailers to cross into Valencia County with stolen livestock to sell the Derringer 2 horses to horse rustling “fence” Dennis Chavez. NMLBI Randal Riley knew and assisted this horse larceny and had then called David Derringer that he “had found” the 2 Derringer horses at the property of Dennis Chavez at 24 Dalies Road, Los Lunas, NM 87031 and forced David Derringer to pay in ransom and extortion the amount of $60.00 to convicted horse rustler Dennis Chavez in order to retrieve the 2 Derringer horses.

4.    From about 2019 ongoing to the present the NMLB and specifically NMLBI Darron Shawn Davis, Francisco “Cisco” Lovato, Manuel Monte, Justin Gray and other NMLB employees have “refused” to recover, investigate or arrest and prosecute any or all of the invading Mexican National Sinaloa Cartel horse rustlers on the Pajarito mesa wherein “Cisco” Lovato and “Shawn Davis were personal witnesses, to Derringer horses locked in the 3 different compounds of Sinaloa Cartel Chihuahua horse rustlers Mier Pedro, Hector Cabrera, Isaas Compos, and witnessed the mutilation/castration of Derringer horse “Crescent” by Mier Pedro with a “pocket knife” and know of the live murder of the 1 week old filly of registered Derringer Quarte Horse “Spice” wherein the baby was murdered while alive with skinning the right rib cage, cutting off the right front leg and ripping (without cutting) the heart out and then throwing the dead baby horse mutilated body at the residence of David Derringer in death threats, RICO racketeering, domestic terrorism, and obstruction of justice and intimidation against the former Derringer v. NMLB et all Civil litigation. Whereas, the NMLB and all NMLBI made no investigations, no arrests, no prosecution and “refused” to find and return any of Derringer’s stolen horses mandated under NMSA 29-1-2, wherein ie. the Derringer buckskin stallion “Dusty” is still stolen Derringer property located in the Sinaloa Cartel compound of Hector Cabrera to this day. The NMLB knows the Sinaloa Cartel rustlers and where they are located as also does the BCSO Sheriff Department of Sinaloa Cartel members as the compound of Hector Cabrera, Mier Pedro, Karla and Ernest Martinez, Isidro Ruis Saenz, Isaas Compos, and others. In the Court trial of 2018 involving horse rustler Isidro Ruis Saenz stealing Derringer horses, Isidro Ruis Saenz testified under oath in the Second Judicial District Court that he had stolen Derringer horse babies and was going to brand and keep them as “baby horses are harder to trace” and despite confession in a recorded court of law, no arrests were made by the NMLB or BCSO. During 2019 until present the NMLB hired NM citizens, Cartel members and others to place 5 or more “bait areas” in remote areas from the Derringer residence with hay and salt blocks and some water tanks to lure, capture and illegally steal the Derringer horses on that Pajarito open range. NMLB hired rodeo ropers from Belen rodeos, other citizens to rope, herd, assist trailer, and steal Derringer horses off the private lands of the Pajarito, and paid Kim Damazyn and her relatives to supply hay and salt blocks at several of the “bait areas” remote from the Derringer residence so as to lure the Derringer horses to areas unseen by Derringer to steal and transport the Derringer horses wherein at that time Derringer owned a herd of well over 250 horses. On August 23, 2023 private horse rustler Justin Gray stole in larceny 17 (13 horses stolen by Justin Gray whereas 4 Derringer mares of that herd are pregnant, felony per horse.) Derringer horses that were already stolen by Benavidez Jr. locked in permanent pens located in the middle of the Santalina without food or water under the “prohibited” legal claim of NMSA 77-14-3Z(A) already established by the statutory writing that as the Pajarito fence line is not compliant with NMSA 77-16-1 “any claims or criminal claims of trespass” are specifically not allowed. As embezzlement use of state-owned trucks and trailers, citizen Justin Gray orchestrated the grand larceny of the already stolen horses by Benavidez to steal them to places unknown, or to horse rustler (also formerly convicted) Dennis Chavez 24 Dalies Rd. Los Lunas, NM.

DEMAND FOR PUBLIC RECORDS OF DOCUMENTS, MEMOS, PHOTOGRAPHS, RECEIPTS, AUDIO RECORDING OF LAPEL CAMERAS, EMAILS, SIGNED OATHS OF OFFICE, PURCHASE AGREEMENTS, CREATED FALSE BILLS OF SALE, CREATED TRANSFERS OF OWNERSHIP AND ALL OTHER APPURTENANT DOCUMENTS OF THE SUBSTANTIVE MATTERS HEREIN, HEREAFTER STATED AS “EVIDENCE”

DEMAND FOR IPRA The Inspection of Public Records Act (IPRA), NMSA 1978, §14-2-1 to – 12

1.    Current and past badge numbers of NMLB Inspectors; Darron “Shawn” Davis, Randall Riley, Buddy Eby, Francisco “Cisco” Lovato, Mauel Monte, Justin Gray, and signed Oath of office by each.

2.    Created bills of sale, transfer of ownership, disposal of livestock, and any and all other tangible papers, documents, photographs of the Derringer registered pack llamas and pack goats that were under caretaking contract with Francis Elaine Baxter of Silver City, New Mexico, wherein NMLBI Buddy Eby authorized without permission, consent or advised to owner David Derringer that F.E. Baxter could sell, kill, dispose, remove and otherwise disperse Derringer’s personal property without notice, without legal ability and without due process of law.

3.    Created bills of sale, transfer of ownership, disposal of livestock, and any and all other tangible papers, documents, photographs of the Derringer horses allowed to be stolen, transported, sold and in captivity of stolen property to be in the illegal possession of Dennis Chavez, DC Auction, SW Auction, SW Event Center 24 Dalies Rd. Los Lunas, NM. 87031, of total knowledge of NMLB, and NMLBI Randall Riley, and any and all arrest, convictions and “evidence”.

4.    All “evidence” of payouts from the NMLB to cowboys, ropers, helpers, contract citizens, contract companies, and any and all other entities for rounding up, herding, loading in trailers, use of trucks and trailers, payment for hay, salt blocks, water, gasoline or diesel receipts and other “evidence” of the NMLB’s larceny of 285 + Derringer horses located on private lands of the Albuquerque west mesa Pajarito open range.

5.    Agreements, payments, and other “evidence” concerning the Kim Damazyn facilitation and construction/placement of multiple “bait areas” located remotely on the Pajarito specifically designed to entice, trap, bait for capture over 285 + known Derringer unbranded horses that were legally grazing on the open range of the Pajarito mesa, known by long time interactions with owner David Derringer that these were not strays or wild horses and where also providing any and all DNA tests as mandated by the NMLB if doubt existed that some might be “wild horse Mustangs”.

6.    Photograph and other “evidence” of clear identification of each of the 250 + horses removed from the private lands of the Pajarito mesa open range by the NMLB or other persons, companies, entities on behalf of under contract or “knowledge” of the NMLB from January 1, 2019 until the present, including all horses known to be stolen in horse rustling RICO Racketeering by the invading Mexican National Sinaloa Cartel members as the compound of Hector Cabrera, Mier Pedro, Karla and Ernest Martinez, Isidro Ruis Saenz, Isaas Compos, and others.

7.    Identification of all persons, horse rescue operations of NM, private citizens, by name, address, phone number and designated entity of all disposition of at any time of possession, current locations and statement of animals “alive or dead” of all 285 + Derringer horses taken in larceny and or in public corruption, fraud by the NMLB or any and all NMLBI from January 1, 2019 until the present, and all matters of any or all “Stallions” that have been castrated or “gelded” without permission or authorization of owner David Derringer.

8.    Detail all “evidence” of number, photo identification, of any and all 285 + horses taken from the Pajarito including but not limited to “Derringer known horses” taken to or in at any time possession of convicted felon “fence” Dennis Chavez, DC Auction, SW Auction, SW Event Center 24 Dalies Rd. Los Lunas, NM. 87031.

9.    Provide horse identification photos, names, badge numbers, of all NMLBI present and participating in the criminal grand larceny of Derringer unbranded horses already stolen and in captivity with “intent” of larceny by Benjamin Benavidez Jr. on the alleged Santolina grazing permit, that were then stolen by citizen Justin Gray in defiance of the “prohibition” of any claims of “trespass” by NMSA 77-4-14-3(A) due to knowledge that the Pajarito fence is non-complaint with NMSA 77-16-1 and 77-16-4, and names and addresses of all other NM citizens, Sinaloa Cartel members of other assisting in the herding, loading, transportation of 13 Derringer horses IDENTIFIED AS #1 Bay stallion. #2 Buckskin mare. #3 Buckskin filly. #4 Sorrel mare. #5 Sorrel colt. #6 Black filly. #7 Bay colt. #8 Sorrel colt. #9 Sorrel colt. #10 Sorrel mare. #11 Sorrel colt. #12 Bay mare. #13 Bay filly.

10.    Detail all “evidence” of the location, persons, places, companies, private citizens and others involved at any and all times of “possession” of the Derringer private property owned horses IDENTIFIED AS #1 Bay stallion. #2 Buckskin mare. #3 Buckskin filly. #4 Sorrel mare. #5 Sorrel colt. #6 Black filly. #7 Bay colt. #8 Sorrel colt. #9 Sorrel colt. #10 Sorrel mare. #11 Sorrel colt. #12 Bay mare. #13 Bay filly stolen in grand larceny on or about August 23, 2023 by felon Justin Gray, If any horses were sent to or in possession at any time of any “horse sanctuary” persons or corporations or entities in New Mexico, and affidavit or “evidence” that Derringer stallion #1 is intact without gelding or castration.

11.    Present all photos of identification and all other “evidence” of any and all “created” bills of sale, transfer of ownership, disposal of livestock, and any and all other tangible papers, documents, specific photographs of the Derringer’s private property owned horses IDENTIFIED AS #1 Bay stallion. #2 Buckskin mare. #3 Buckskin filly. #4 Sorrel mare. #5 Sorrel colt. #6 Black filly. #7 Bay colt. #8 Sorrel colt. #9 Sorrel colt. #10 Sorrel mare. #11 Sorrel colt. #12 Bay mare. #13 Bay filly to grant to any party, person, horse rescue facility, illegal possession, use of, training of, medical attention, caretaking, transporting, or any contact with the Derringer horses without the consent, notice, permission or authorization of owner David Derringer , or any travel papers created, to move any of the 285 + Derringer horses to any locations in the state of New Mexico, to any locations outside the State of New Mexico, or to any locations outside the United States of America; and any and all “evidence” of knowledge of any of the 285 + Derringer horses being transported by the NMLLB, any NMLBI, any company, corporation, any horse rescue facility, or any persons, to the premises of convicted felon “fence” Dennis Chavez, DC Auction, SW Auction, SW Event Center 24 Dalies Rd. Los Lunas, NM. 87031 or transportation across New Mexico to then illegally to have crossed the Southern American Border to the country of Mexico to be killed and butchered for meat, for illegal sale, for abuse of Mexican rodeos or other purposes.

David Derringer

PO Box 7431

Albuquerque, New Mexico 87194

Denial by the New Mexico Secretary of State to protect the NMLB and the grand larceny of NMLB “officer” Justin Gray and to protect the invading Mexican National Sinaloa Cartel that have stolen 337 + Derringer horses and domestic terrorism.

__________________________________________________________David Derringer’s response to the illegal denial of public records that expose the NMLB grand larceny of 2=337 + Derringer horses without probable cause, without jurisdiction on private lands, prohibited by false claims of “trespass” or claiming “stray horses” as known to belong as personal property of David Derringer, and prohibited under NMSA 77-14-3 as the Pajarito fence line has been and is in disrepair in violation of NMSA 77-16-1 and 77-16-4, wherein the NMLB is stealing Derringer horses with and helping the Sinaloa Cartel. Justin Gray personally stole 13(17 as 4 mares are pregnant) Derringer horses in grand larceny and filed false criminal charges against Derringer in violation of NMSA 30-39-1 and penal code 118.1, but no state agency will arrest him. (SEE Exhibit 12)

RE: [EXTERNAL] mandated IPRA RECORDS UNDER STATUTE NMSA 14-2-(1-12)

Nov 9 at 3:43 PM

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Salazar, Cassandra, SOS <cassandra.salazar@sos.nm.gov>

To: D D <d2bowman4570@yahoo.com>

Thank you! Have a great day!

-CS

 Cassie J. Salazar| Paralegal – Advanced

New Mexico Office of the Secretary of State

325 Don Gaspar, Santa Fe, NM 87501

Phone: 505-827-4022

Cassandra.salazar@sos.nm.gov 

NMVOTE.ORG | Rumor vs. Reality

From: D D <d2bowman4570@yahoo.com> Sent: Thursday, November 9, 2023 2:55 PMTo: Salazar, Cassandra, SOS <cassandra.salazar@sos.nm.gov>; webstaff@koat.com; webstaff@koat.com; koat_newstips@hearst.com; koat_newstips@hearst.com; cgibson@nmag.gov; cgibson@nmag.gov; fox29.newsdesk@fox.com; fox29.newsdesk@fox.com; sheriffjoshuajames@gmail.com; sheriffjoshuajames@gmail.comCc: D D <d2bowman4570@yahoo.com>Subject: [EXTERNAL] mandated IPRA RECORDS UNDER STATUTE NMSA 14-2-(1-12)

 David Derringer has sent this IPRA request properly to the Secretary of State, and to the Attorney General, and the New Mexico Livestock Board. The Secretary of State has a statutory mandate to provide State records, and an obligation to acquire the requested records from appurtenant state agencies as mandated, in "knowledge " that the underlying State agency NMLB has been both identified to the Secretary of State and also separately notified. Hence, your letter of notice of no records and denial of action to retrieve any documents for compliance, is both fraud and total non-compliance with Statutory IPRA. Demand is made for the Secretary of State to either produce the requested IPRA records of public record, or to mandate the NMLB produce the public records directly to David Derringer, or produce and send them to the Secretary of State to disseminate such to David Derringer. David Derringer has sent this IPRA request properly to the Secretary of State, and to the Attorney General, and the New Mexico Livestock Board. Clearly, the preamble was designed to inform the NMAG of the criminal acts involved for criminal prosecution. Hence, your letter of notice of no records and denial of action to retrieve any documents for compliance, is both fraud and total noncompliance with Statutory IPRA. Cassandra Cassie Salazar has deliberately and maliciously done FRAUD in a clear attempt to obstruct statutory law as a known cover-up to stated fraud, criminal larceny of the NMLB's collusion and facilitation of treason working with the invading Mexican National Sinaloa Cartel stealing 285 + Derringer horses of value of $28,500,000.00 ($28.5 Million dollars), and specific state citizen Justin Gray stealing in felony larceny 13(17 as 4 mares are pregnant) Derringer horses of value $1,700,000.00 ($1.7 Million dollars), and the other torts and criminal acts involved. Casandra Salazar has deliberately tainted the public email record with the illegal denial of IPRA by only including the PREAMBLE with intent to make it seem that there are no specific requests detailed and thus the Secretary of State can take no action. I am further enclosing once again herein the very specific and direct requests for documents and other "evidence" specifically stated in the original email after the PREAMBLE:DEMAND FOR PUBLIC RECORDS OF DOCUMENTS, MEMOS, PHOTOGRAPHS, RECEIPTS, AUDIO RECORDING OF LAPEL CAMERAS, EMAILS, SIGNED OATHS OF OFFICE, PURCHASE AGREEMENTS, CREATED FALSE BILLS OF SALE, CREATED TRANSFERS OF OWNERSHIP AND ALL OTHER APPURTENANT DOCUMENTS OF THE SUBSTANTIVE MATTERS HEREIN, HEREAFTER STATED AS “EVIDENCE”DEMAND FOR IPRA The Inspection of Public Records Act (IPRA), NMSA 1978, §14-2-1 to – 121. Current and past badge numbers of NMLB Inspectors; Darron “Shawn” Davis, Randall Riley, Buddy Eby, Francisco “Cisco” Lovato, Mauel Monte, Justin Gray, and signed Oath of office by each. 2. Created bills of sale, transfer of ownership, disposal of livestock, and any and all other tangible papers, documents, photographs of the Derringer registered pack llamas and pack goats that were under caretaking contract with Francis Elaine Baxter of Silver City, New Mexico, wherein NMLBI Buddy Eby authorized without permission, consent or advised to owner David Derringer that F.E. Baxter could sell, kill, dispose, remove and otherwise disperse Derringer’s personal property without notice, without legal ability and without due process of law. 3. Created bills of sale, transfer of ownership, disposal of livestock, and any and all other tangible papers, documents, photographs of the Derringer horses allowed to be stolen, transported, sold and in captivity of stolen property to be in the illegal possession of Dennis Chavez, DC Auction, SW Auction, SW Event Center 24 Dalies Rd. Los Lunas, NM. 87031, of total knowledge of NMLB, and NMLBI Randall Riley, and any and all arrest, convictions and “evidence”.4. All “evidence” of payouts from the NMLB to cowboys, ropers, helpers, contract citizens, contract companies, and any and all other entities for rounding up, herding, loading in trailers, use of trucks and trailers, payment for hay, salt blocks, water, gasoline or diesel receipts and other “evidence” of the NMLB’s larceny of 285 + Derringer horses located on private lands of the Albuquerque west mesa Pajarito open range. 5. Agreements, payments, and other “evidence” concerning the Kim Damazyn facilitation and construction/placement of multiple “bait areas” located remotely on the Pajarito specifically designed to entice, trap, bait for capture over 285 + known Derringer unbranded horses that were legally grazing on the open range of the Pajarito mesa, known by long time interactions with owner David Derringer that these were not strays or wild horses and where also providing any and all DNA tests as mandated by the NMLB if doubt existed that some might be “wild horse Mustangs”. 6. Photograph and other “evidence” of clear identification of each of the 250 + horses removed from the private lands of the Pajarito mesa open range by the NMLB or other persons, companies, entities on behalf of under contract or “knowledge” of the NMLB from January 1, 2019 until the present, including all horses known to be stolen in horse rustling RICO Racketeering by the invading Mexican National Sinaloa Cartel members as the compound of Hector Cabrera, Mier Pedro, Karla and Ernest Martinez, Isidro Ruis Saenz, Isaas Compos, and others. 7. Identification of all persons, horse rescue operations of NM, private citizens, by name, address, phone number and designated entity of all disposition of at any time of possession, current locations and statement of animals “alive or dead” of all 285 + Derringer horses taken in larceny and or in public corruption, fraud by the NMLB or any and all NMLBI from January 1, 2019 until the present, and all matters of any or all “Stallions” that have been castrated or “gelded” without permission or authorization of owner David Derringer. 8. Detail all “evidence” of number, photo identification, of any and all 346 + horses taken from the Pajarito including but not limited to “Derringer known horses” taken to or in at any time possession of convicted felon “fence” Dennis Chavez, DC Auction, SW Auction, SW Event Center 24 Dalies Rd. Los Lunas, NM. 87031.9. Provide horse identification photos, names, badge numbers, of all NMLBI present and participating in the criminal grand larceny of Derringer unbranded horses already stolen and in captivity with “intent” of larceny by Benjamin Benavidez Jr. on the alleged Santolina grazing permit, that were then stolen by citizen Justin Gray in defiance of the “prohibition” of any claims of “trespass” by NMSA 77-4-14-3(A) due to knowledge that the Pajarito fence is non-complaint with NMSA 77-16-1 and 77-16-4, and names and addresses of all other NM citizens, Sinaloa Cartel members of other assisting in the herding, loading, transportation of 13 Derringer horses IDENTIFIED AS #1 Bay stallion. #2 Buckskin mare. #3 Buckskin filly. #4 Sorrel mare. #5 Sorrel colt. #6 Black filly. #7 Bay colt. #8 Sorrel colt. #9 Sorrel colt. #10 Sorrel mare. #11 Sorrel colt. #12 Bay mare. #13 Bay filly.10. Detail all “evidence” of the location, persons, places, companies, private citizens and others involved at any and all times of “possession” of the Derringer private property owned horses IDENTIFIED AS #1 Bay stallion. #2 Buckskin mare. #3 Buckskin filly. #4 Sorrel mare. #5 Sorrel colt. #6 Black filly. #7 Bay colt. #8 Sorrel colt. #9 Sorrel colt. #10 Sorrel mare. #11 Sorrel colt. #12 Bay mare. #13 Bay filly stolen in grand larceny on or about August 23, 2023 by felon Justin Gray, If any horses were sent to or in possession at any time of any “horse sanctuary” persons or corporations or entities in New Mexico, and affidavit or “evidence” that Derringer stallion #1 is intact without gelding or castration. 11. Present all photos of identification and all other “evidence” of any and all “created” bills of sale, transfer of ownership, disposal of livestock, and any and all other tangible papers, documents, specific photographs of the Derringer’s private property owned horses IDENTIFIED AS #1 Bay stallion. #2 Buckskin mare. #3 Buckskin filly. #4 Sorrel mare. #5 Sorrel colt. #6 Black filly. #7 Bay colt. #8 Sorrel colt. #9 Sorrel colt. #10 Sorrel mare. #11 Sorrel colt. #12 Bay mare. #13 Bay filly to grant to any party, person, horse rescue facility, illegal possession, use of, training of, medical attention, caretaking, transporting, or any contact with the Derringer horses without the consent, notice, permission or authorization of owner David Derringer , or any travel papers created, to move any of the 285 + Derringer horses to any locations in the state of New Mexico, to any locations outside the State of New Mexico, or to any locations outside the United States of America; and any and all “evidence” of knowledge of any of the 285 + Derringer horses being transported by the NMLLB, any NMLBI, any company, corporation, any horse rescue facility, or any persons, to the premises of convicted felon “fence” Dennis Chavez, DC Auction, SW Auction, SW Event Center 24 Dalies Rd. Los Lunas, NM. 87031 or transportation across New Mexico to then illegally to have crossed the Southern American Border to the country of Mexico to be killed and butchered for meat, for illegal sale, for abuse of Mexican rodeos or other purposes.Cassandra Salazar should take notice that your email of November 9, 2023;1. It does not comply with statutory mandates of IPRA and is not accepted as a denial of public records.2. The 15- day deadline for production of IPRA is still running. 3. The original email was followed up with direct mail written noticed to the Secretary of State, NMAG and NMLB wherein all appurtenant agencies have notice of IPRA DEMAND “in writing”. 4. Cassandra Salazar will note the in the original email, multiple other parties, including media were sent the same email, so records exists elsewhere of the proper demand for “specific requests” beyond the preamble. 5. David Derringer is the person that set case law in New Mexico for punishment, accountability and violation penalties under IPRA NMSA 1978, §14-2-11. Derringer v. State, 133 N.M. 721 (N.M. Ct. App. 2003) 2003 NMCA 73 68 P.3d 961. It will be clear upon illegal denial of public records by the Secretary of State and also specifically Cassandra Salazar that David Derringer will sue the State of NM, the NMLB and Cassandra Salazar as an individual citizen and state employee without immunity for violations of state law. Silva v. Town of Springer, 912, P.2d 304, 121 N.M. 428 1996 NMCA O22 cert denied 911 P.2D 883, 121 N.M. 375 cert denied 913 P.2d 251, 121 N.M. 444 N.M. App. 1996 “Public official have qualified immunity from suit under 1983 as long as (1) at time of alleged conduct there was not clearly established statutory or constitutional right that was claimed to have been violated, and (2) a reasonable person would not have known that his or her conduct was violating that clearly established right.” In this matter of course, there is a specific statutory law being violated of NMSA 14-2(1-12). 6. Note that this email response to Cassandra Salazar’s total cover-up in obstruction clearly designed to protect the NMLB, Justin Gray, and the invading Mexican National Sinaloa Cartel in total discharge of duties under NMSA 14-2(1-12) is well documented and also emailed to many other parties this same email on this same date. 7. Prudent under rule of law Cassandra Salazar is MANDATED to comply with transparency of Government lest David Derringer also proceeds with FOIA requests in parallel due to the proven public corruption of New Mexico wherein this matter involves protection of an enemy of the United States of America; the invading Mexican National Sinaloa Cartel; an issue of both treason and threats to national security, under federal jurisdiction. David Derringer 11-9-2023 PO Box 7431 Albuquerque, New Mexico 87194

14  In direct retaliation of Derringer v. Gray CV-2023-07042, as treason, domestic terrorism, hate crimes, violation of RICO and 18 USC 241, 242, 1503, 1505 Justin Gray acts as delegated by the State of NM and NMLB to steal in terrorism 15 more Derringer horses in violation of US Code Article 42 Section 1982.

15   Retaliation and intimidation obstruction of justice larceny by New Mexico Livestock board stealing more Derringer horses because of the further legal Derringer suits of CV-2023-07042 and CV-2023-09203.

16   Legal attempt to stop the New Mexico Livestock Board from illegally auctioning off the stolen property of Derringer taken in fraudulent claims of “stray horses” when well-known owned by Derringer, where Derringer was unable to stop the larceny done by NMLB Justin Gray and George Munoz “with a badge and a gun”, by legal filing for a TRO then instantly denied by the corruption of the same Judge Brickhouse not granting default judgement for CV-2023-07042 to protect Justin Gray, Benavidez and the invading Sinaloa Cartel.

17   Face filings of underlying legal attempts of due process and equal protection blocked in all New Mexico courts when as won by default and summary judgements and under all law, Courts denied granting mandated judgements to single out and target Derringer as a whistleblower on the public corruption of the State of New Mexico.

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