UNITED STATES SUPREME COURT PETITION FOR EXTRAORDINARY WRIT AGAINST THE EXTREME PUBLIC CORRUPTION OF NEW MEXICO OWNED BY THE SINALOA CARTEL

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No.

IN THE

SUPREME COURT OF THE UNITED STATES

EMERGENCY PETITION FOR EXTRAORDINARY WRIT US SUPREME COURT RULE 20, IN RE DAVID DERRINGER UNDER US CODE TITLE 28 SECTION 1651(A); AND REQUEST FOR RELIEF

In Re: DAVID BRIAN DERRINGER,

Petitioner-Pro-Se,

On Petition for a Petition for Extraordinary Writ under Rule 20 authorized by 28 USC 1651(a), 2241, and 2254(a), the Petitioner’s situation is where the entire State of New Mexico Government is involved willfully and in treason, constituting insurrection secession as New Mexico with the action of withdrawing formally from membership of the United States Constitutional Republic federation. These matters should be monumental concern to the US Supreme Court as the government and all employees are connected to the foreign enemies of the United States by bribery and political agendas to use the current invasion of Sinaloa Cartel and 130 other countries against We the People while corrupt government protects the invaders. Rogue and unethical judges have taken over the Judiciary branch, making all decisions against Constitution, statues and case law, making their oath superfluous and rendering Article III entirely moot. This Petition will greatly aid and inform the US Supreme Court on any appeals coming before the Supreme Court, of the Democratic “blue” states, insurrections by means of defeating the US Constitution Article III, and how State officials, Judges and State employees have now infiltrated the entire system in sedition, saturating all local, state, law enforcement, and state agencies with now total control, both owned and bribed by the invading Mexican National Sinaloa Cartel and 130+ other countries with foreign terrorists “welcome” in New Mexico for destruction of the United States. This now translates to no “rule of law” in Judge rulings by personal opinions, political agendas, and “invader protection” against all laws for the continued use of New Mexico to facilitate, aid, abet and gain $ Millions of dollars of the invading Mexican National Sinaloa Cartel bribes to public officials and judges. This is also coupled with the New Mexico Judiciary and public officials’ users of cocaine, methylamphetamines, fentanyl, slavery and rape of many of the 85,000-missing illegal-unaccompanied minor children aliens, by the vast pedophiles of NM public service, attorneys and domestic terrorists now in and infiltrating New Mexico. When Judges deliberately deny jury, while embezzling the $150.00 fee and deny trial, evidence, witnesses and rig the cases to simply ignore that the Defendants never answered, (or knew they didn’t have to answer) and still the Plaintiff is granted no justice, the entirety of America as defined by the Founders, has already become extinct. Clearly, with Governor Michell Lujan Grisham deliberately and maliciously absolutely keeping the New Mexico/Mexico border wide open and removing the New Mexico National Guard of previous protection, and her penchant of serious Congressional concern attempting to “disarm New Mexico citizens”, in absolute violation of the 2nd Amendment and perjury of oath, and yet not held accountable speaks volumes of the failure of every aspect of the Constitution being ravished, not due to the foundation, but the vile persons entrenched in public authority, with the audacity to claim the title “honorable”. These acts of judges and public officials are not inadvertent error, but treason and facilitation not only under the 14th Amendment Section 3, but criminal 18 USC 2381, 2383, and the most egregious threat to National Security. All New Mexico law enforcement has been bribed, by the DHS defined $32 Million dollars a week produced by the Sinaloa Cartel in all RICO racketeering acts in New Mexico protected by the Governor and all agencies thereunder, not just limited to the extreme attack against the Petitioner, now ongoing for “30 years”. The NM city of Albuquerque and “sanctuary County of Bernalillo” is in the top 5 US cities with the highest crime of drugs, fentanyl death, rape, pedophilia, prostitution, gun-running by the actual sheriff, car theft and other debased and criminal acts rampant. Records will easily show that almost all Government employees in New Mexico from the Governor down to the local “dog-catchers” are registered Democrats. As the National corruption is indicated, this is absolutely a coup against America to take over the US to a state of Communist dictatorship, as infiltration, already endemic in New Mexico of the Democrat party is now complete with full control of all three branches of government, Executive, Legislative and Judiciary, with Judicial Standards and Disciplinary Board meaningless, controlled for protection of errant judges and lawyers. The Petitioner has been as whistleblower for the past 30 years, wherein the Petitioner is endeavoring to persevere as a singled-out, targeted individual being relentlessly attacked in all matters by both the NM State protected Sinaloa Cartel, while being denied all due process, equal protection, and wherein all State agencies, all law enforcement, and NM courts deny any protection or redress for the safety of the Petitioner. The Sinaloa Cartel is working directly with the New Mexico Livestock Board as a RICO racketeering horse rustling operation in New Mexico grossly attacking the Petitioner, whereas over the last 4 years the NMLB/Sinaloa Cartel have stolen in larceny (NMSA 30-16-1) over 500 + Derringer horses of value of $50,000,000.00 plus extreme torts forced upon the Petitioner, as literally armed robbery, aggravated assault, wherein the citizen has no ability to stop the government agencies involved , even watching the crime, as the NMLB has arrested the Petitioner and illegally imprisoned the Petitioner when legally trying to save his own personal property horses from the NMLB and Sinaloa Cartel, with more threats to further arrest or shoot to kill the Petitioner for attempting under Constitutional 5th Amendment to protect his own personal property horses. With extreme mis-use of power and authority, only available in public corruption, as clothed under NM State law, the NMLB hires domestic terrorists’ assistants and Cartel thugs to rope and herd and load/trailer the Derringer horses on private lands with no legal herd district to claim any possible jurisdiction of the NMLB to be there, with embezzlement of tax dollar funds, and use of public-paid trucks and trailers. The NMLB, with all state protection, defies and violates all forfeiture acts NMSA 31-27-4 by stealing horses in terrorism with no conviction, no jurisdiction, no probable cause, no due process or equal protection and no court order, the horses are not subject to forfeiture, and the State of NM cannot prevail as all acts are criminal by NM rogue government. Time after time, Petitioner has gone to the Courts seeking a TRO and permanent injunction, whereas with no reasoning, the Courts deny any protection, deliberately thus “knowingly facilitating” the continuing horse larceny and other crimes against the Petitioner “deliberately in malicious deprivation of rights”. Satanic, oppressive, and tyrannical government is simply attacking and terrorizing Derringer for exposing the NM public corruption as a whistleblower to show others similarly situated the wrath of government without citizen submission to forced oppression. NMLB goes onto exclusively private property of the Pajarito and Santolina (west mesa, Albuquerque, New Mexico) private lands where the large herds of exclusively Derringer horses are legally grazing designated “open range” (NM Ct. APP. No. 12-8853), illegally baits the Derringer horses in locations away from the Derringer residence with hay and salt blocks, uses portable horse panels, illegally herds them into trailers and steals them by government officials in criminal larceny felonies “per horse”, with hundreds of other appurtenant criminal acts associated with. Such criminals are NMLB Darron “Shawn” Davis, Francisco “Cisco” Lovato, Justin Gray, Manuel Monte, George Mendoza, and many Sinaloa Cartel non-citizen terrorists accompanied by State-paid American subversives as domestic terrorists. This is treason working with invading Sinaloa Cartel “enemies of the State” 18 USC 2381, 2383, as the very same Sinaloa Cartel that drove Derringer from his legal ranch and attempting to murder Derringer. The NMLB then writes false and fraudulent bills of sale, and sells the known Derringer horses to the unsuspecting public as criminal felonies under NMSA 30-16-11, and some are murdered by the NMLB or illegally sent to Mexico for slaughtering Derringer’s pets and Derringer’s working “trade tools” as outfitter and breeding horses for meat. The NMLB, with proven admittance that the stolen Derringer horses were “Derringer horses”, “Pajarito horses”, use their domestic “mule”, Benjamin Benavidez Jr. with a false alleged claim of a proven breach of contract for any grazing permit on the private lands of the Santolina, Benavidez illegally herds the Derringer horses onto the Santolina as the RICO STAGING AREA of horse rustling, and corrals stolen livestock as felonies in so-called “Benavidez corrals North of Grant road”, [Exhibits] wherein the NMLB then comes and re-steals the already stolen horses, defying all law of NMSA 29-1-1 and 29-1-2, and the statutory mandates to arrest their Sinaloa Cartel mule Benavidez Jr. for larceny by NMSA 77-9-22(F) and take the admitted Derringer horses, falsely claiming they are “estray” horses and are illegally trespassing on the Santolina, while quoting the very Statute prohibiting the fraud of claims of trespass NMSA 77-14-3(A). To stop Derringer recovering his horses, NMLB Manuel Monte and Justin Gray knowingly filed false criminal complaints against Derringer as retaliation of Derringer’s suits against them, (false criminal Complaints T-4-CR-2023-002115 and T-4-CR-2023-003902 as a motive to jail and assassinate the Petitioner) after Derringer has already sued them prior now multiple times, in felonies of NMSA 30-39-1, 30-27-1, penal code 118.1 and 18 USC 241, 242, 1503, 1505, and 2381. The NMLB attempted criminal extortion by posting notices of the horses they stole from Derringer to intimidate and reap thousands claiming transportation and feeding of horses they stole, and kept stealing horses then without posting due to Derringer legally suing the NMLB and individual employees as “citizens”. As they realize the Petitioner will beat them under law, they withdrew the fraud criminal complaints under “nolie proseque” when they already did 1st, 4th 5th, 9th, 10th, 13th and 14th Amendment damages to the Plaintiff as a vile “game of domestic terrorism” and never return the Derringer horses, keeping the stolen personal property as “pillage”.  The NM Judges simply ignore crimes in their court as all acts of corrupt officials are all disregarded and condoned by the NM courts with no accountability, including, but not limited to the felonies of the distortion, tampering, destruction of court records done by any attorneys that represent them. All these acts by the NMLB and other NM administration are done against Petitioner as criminal acts with no probable cause, without court order, without court service of false criminal complaints against Derringer, without warrants, without any jurisdiction on the exclusively private lands of the Pajarito and Santolina, with a dividing fence (Pajarito) not in any compliance with laws NMSA 77-16-1/77-16-4 (NM Ct. App. #12-8853), and with vengeance, obstruction of justice, and intimidation, death threats against Derringer’s repeated law suits against the NM State and its’ agencies breaking all laws. In retaliation, revenge, retribution, the NM Judges all the way to the NM Supreme Court, block Derringer’s suits, deny all due process, equal protection, deny paid for jury, deny trial, deny evidence, order Derringer not to file any legal pleadings, refuse to file cases, and other means of rigging the cases by informing all Defendants they don’t have to Answer Derringer’s legal Complaint as the NM Judges will rig the case where Derringer can’t win. As Court records prove, Derringer has won cases due to Default no answer by all Defendants, and FRAUD ON THE COURT of now 13 cases that are rigged against the Petitioner with Default Judgments “won” but the Judges refusing to Order a Default Judgment and file for record as mandated under law. [No. S-1-SC-39680, Court of Appeals No. A-1-CA-40690, 7th District Court: CV-94-10; CV-02-19; D-727-CV-2021-00028, 13th District Court: D-1314-CV-2021-00541 -Derringer v. Davis & Derringer v. State of New Mexico et. al.,  2nd District Court: D-202-CV-2014-07755; CV-2022-03437. CV-2023-05227, CV-2023-07042, CV-2023-09203, CV-2023-9378, CV-2023-9378, CV-2023-09552]. Derringer’s quest for redress and justice of Civil Rights deprivations is further blocked to access the US Federal District Court 10th Circuit for the District of New Mexico, by deprivation of all Amendments 4th, 5th, and 14th with corruption imprisonment obstruction of justice blocked in oppression under the 13th Amendment to stop all further attempts for justice of either moving matters to federal jurisdiction and stopping pursuance of Civil Rights. The 10 th Circuit US District Court for the District of New Mexico exudes protection of all New Mexico Judges from exposure in collusion with the Sinaloa Cartel. Petitioner Derringer is singled out and a targeted citizen in predation by the sedition of New Mexico by illegal Order for Pro-Se select David Derringer not to be able to file any Complaint or pleading in the United States Courts, 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 (treason) the 14th Amendment Section 3, perjury of Oath, discharge of Canon, Code of Judicial Conduct and other egregious acts. Each time the Petitioner files a new law suit, the NMLB attacks the Petitioner in obstruction of justice, intimidation and domestic terrorism and steals more Derringer horses as punishment of exercising Constitutional rights to sue, shoots Derringer horses witnessed by Derringer, or butchers a baby week-old horse and throws the body at the Derringer residence in terrorism to get Derringer to stop trying to legally use the Courts for redress. Sinaloa Cartel Benavidez Jr. sent a woman to steal a baby horse in a pen at the Derringer residence at gunpoint. BCSO simply ignored the armed robbery with knowledge of the woman’s license plate number for identification. Derringer has been to every NM agency and found the same extreme corruption. The NMAG (former Bernalillo County District Attorney Raul Torrez) has admitted “with pride” taking a $100,000.00 bribe from international Communist George Soros to use Raul Torrez’s position of power to destroy America, and phone complaints of Derringer are hung-up, written criminal complaints filed on the NMAG web page are ignored showing Torrez also is taking Sinaloa Cartel bribes for their protection. Bernalillo County Sheriff Office, who admitted to felonies under 18 USC 922 are illegally and directly purchasing fully automatic firearms from the Sinaloa Cartel by circumventing mandated regulations of the ATF for a “Class-3” weapon, and “ordered” Derringer not to ever call 911 again, as the recorded Derringer calls show the refusal of duties to protect Derringer from the criminal domestic terrorism of the NMLB with the Sinaloa Cartel. BCSO will not arrest or recover any known Derringer livestock horses as mandated under NMSA 29-1-1 and 29-1-2, nor will they investigate the larceny felonies of the NMLB State employees despite the proof of their own “Notices” (SEE exhibits). When, with evidence, Derringer goes to the New Mexico State Police, they told Derringer “you aren’t welcome here, we won’t help you, you need to leave New Mexico or we will have you “removed”. (translated to a death assassination threat) Judges Fitch, Pope and Ortega have put out “hit” attempts wherein Derringer has survived at least 6 attempts of assassination that were real. Derringer has contacted the Governor that will not help with full “knowledge”. No NM Court will rule under law, even several times specifically denying filing for a TRO and permanent injunction against all that are relentlessly attacking the Petitioner. Derringer has relentlessly informed the FBI, DOJ, DHS, Pentagon of the treason, Guantanamo Bay, and all NM state Legislators, NM state Congressional House and Senate representatives and the United States Secretary of State of all the treason, RICO and public corruption to no responses or actions. Derringer has a web site with this corruption at https://d2bowman4570.wixsite.com/notices/blog that informs the world of this treason and public corruption. This constitutes very extreme and exceptional circumstances that absolutely warrant the US Supreme Court’s discretionary powers, and the Court will see, the Petitioner has exhausted every possible remedy to be defeated by the extreme corruption, treason, RICO bribery, Democrat political coup and agenda to destroy America, with no help and deliberate sabotage of the US Constitution Article III and extreme threats to US National Security. Expressly exposing the egregious violations of all law will shock the conscience of any reputable Justice. The secession of the State of New Mexico from the Union is by denial of all US Constitution, New Mexico Constitution, statutory law, case law by RICO racketeering judiciary involvement in treason by providing protection for the invading Mexican National Sinaloa Cartel by taking drug and human trafficking bribery money designed for vehicle use of the Cartel crimes to subjugate citizens in a Communist Democratic insurrection coup against the United States is sustained by what is happening to this targeted whistleblower Petitioner. Each time the Petitioner files a legal law suit for redress, Defendants don’t legally Answer and then immediately attack the Plaintiff Derringer with domestic terrorism of stealing Petitioner’s horses, burglaries, assault, robbery at gunpoint, vandalism and other acts of obstruction of justice and intimidation for exercising “rights to sue” and the courts obstruct any mandated judgements for default or summary to absolutely block Derringer from any justice of redress of torts. The State of New Mexico work on a coup to attack the Petitioner with false criminal complaints in felony acts “with knowledge” that charges are not legal as criminal violations of NMSA 30-39-1 and penal code 118.1, targeting and selective attack and discrimination against a US citizen with collusion in treason with the invading Mexican National Sinaloa Cartel by which the NM elite administration, Judges, attorneys and politician get Cartel bribes, cocaine, methylamphetamines, fentanyl, and minor illegal alien children for judicial pedophiles. Coming to the US Supreme Court is the last resort and last line of defense that will possibly save the Petitioner from assassination. Petitioner immediately needs an injunction, ordered replevin of the now, and ongoing larceny of 500+ plus Derringer horses as the NMLB has stolen by fraud claims of “strays” Derringer horses they have illegally auctioned, illegally sell, kill, or send to Mexico to slaughter for meat, having taken known Derringer horses in domestic terrorism in retaliation of Derringer suits against the public corruption of New Mexico as a whistleblower, with gunpoint and badges, without due process or warrants in total violation of the 4th, 5th and 14th Amendments. These matters all are precipitations ongoing of the unknowing original purchase of Catron County property located next to the Chapel property at mile marker 21 on Hwy 32, Quemado, New Mexico, that turned out to be the crucial and vital helicopter landing zone of the Sinaloa Cartel bringing in cocaine, methylamphetamines, fentanyl and human trafficked minor children for the elite NM Judges, Justices, Politicians, Administration and attorneys’ users of cocaine and pedophilia. This domestic terrorism and weaponization of the Courts have been ongoing and accelerating for thirty years after Derringer and late wife Susan Nevitt purchased the property South of the Sinaloa Cartel landing zone in 1993. The entire base of corruption in New Mexico is 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.

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

______________________________________________________________

QUESTIONS PRESENTED

l) As traitors were hung in the 1950’s, is the United States now so corrupt that traitors go unpunished and unaccountable for violations of the 14th Amendment Section 3 and 18 USC 2381 and 2383 that the government, domestic American terrorists, and others in complicity and conspiracy can steal Derringer real property, steal over 500+ horses of exclusive personal property, and terrorize Derringer misusing power in the courts to obstruct and facilitate the enemy invasion of the Mexico National Sinaloa Cartel and 130+ other countries to destroy America?

2) As in the 19th and 20th century and prior, stealing ONE horse was a high crime punished by death by hanging, wherein is it now that government or anyone can steal 500+ Derringer horses and illegally sell the stolen personal property for millions in profit, defeating the 5th Amendment and 42 USC 1982, and Jones v. Mayer Co., U.S. Supreme Court 392 U.S. 409 (1968) No. 645, and not be punished or held accountable, not be mandated to return all horses with extreme monetary penalties, return all money gained in the illegal sales as felonies (NMSA 30-16-11) with no false claims of set-offs of transportation or feeding (extortion) and massively punished for horses sold to killers, taken to Mexico to be slaughtered for meat and illegally gelded and illegally branded against the owner’s wishes?

3) 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 . [No. S-1-SC-39680, Court of Appeals No. A-1-CA-40690, 7th District Court: CV-94-10; CV-02-19; D-727-CV-2021-00028, 13th District Court: D-1314-CV-2021-00541 -Derringer v. Davis & Derringer v. State of New Mexico et. al.,  2nd District Court: D-202-CV-2014-07755; CV-2022-03437. CV-2023-05227, CV-2023-07042, CV-2023-09203, CV-2023-09552, false criminal Complaints T-4-CR-2023-002115 and T-4-CR-2023-003902 as a motive to jail and assassinate the Petitioner]?

4) Whether either a State Judge or a Federal Judge in any US court can peruse and view court filings before having "jurisdiction" prior to filing, and then deny such filings by illegal Order to the court clerk not to file any Complaint or other legal court papers, imprisoning the citizen to the public corruption under the meaning of the 13th Amendment, when they disclose public/judicial corruption, disclose proven judicial bribery, illegal Constitutional deprivations, criminal RICO acts, violations of Oath, deprivations of due process and equal protection and injustices perpetrated willfully by justices as done in New Mexico Courts and the 10th Circuit US District Court for the State of New Mexico?

5) 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 $50 Million dollars in livestock grand larceny without statutory authority, without warrant and without probable cause, in revenge, retaliation, and retribution of being Defendants 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?

6) 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?

7) 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, 2383?

8) 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?

9) 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, in order to “rig” the case for Defaulted Defendants to win in violation of US Code Title 28 Section 453 and 455 in perjury of Oath, and deprive due process and equal protection to forcefully subject Derringer to involuntary servitude in violation of the 13th Amendment and against mandates for due process and equal protection with a "fair and impartial judiciary” under the 4th, 5th, and 14th Amendments?

10) Whether the United States Supreme Court will exercise "superintending control under an extraordinary writ" to stop the treason, mis use of power and public corruption over the entire judiciary of the State of New Mexico and the 10th Circuit US District Court for the District of New Mexico and report to authorities to investigate, 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 In Re: David Brian Derringer.

As simultaneously filed, the ADDENDUM EXHIBITS provided attached are appurtenant to all the content of the Petition for Extraordinary Writ.

TABLE OF CONTENTS                                                                     Page

OPINIONS BELOW.                                                                             1

JURISDICTION.                                                                                   1

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED. 6

STATEMENT OF THE CASE.                                                              10

REASONS FOR GRANTING THE PETITION.                                     24

CONCLUSION.                                                                                    26

REQEST FOR RELIEF.                                                                        32

CERTIFICATE OF COMPLIANCE.                                                     38

CERTIFICATE OF SERVICE                                                               38

VERIFICATION.                                                                                  38

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 criminal acts of NMSA 30-26-1 and 18 USC 1519 of 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, Shepard, 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", denying filing in both federal courts and exhibits Ordering Derringer not to file in NM State Courts

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

NMSA 29-1-1

NMSA 29-1-2

NMSA 30-16-1

NMSA 30-16-6

NMSA 30-16-8

NMSA 30-16-11

NMSA 30-18-1

NMSA 30-39-1

NMSA 77-9-22(F)

NMSA 77-14-3(A)

NMSA 77-16-1

NMSA 77-16-4

NMSA

NMSA 30-26-1

NMSA Penal code 118.1

US Code Title 18 Section 96 RICO was enacted by Title IX of the Organized Crime Control Act of 1970 ( Pub.)

US Code Title 18 Section 47

US Code Title 18 Section 152(8)

US Code Title 18 Section 241

US Code Title 18 Section 242

US Code Title 18 Section 641

US Code Title 18 Section 922

US Code Title 18 Section 1341

US Code Title 18 Section 1361

US Code Title 18 Section 1503

US Code Title 18 Section 1505

US Code Title 18 Section 1506

US Code Title 18 Section 1510

US Code Title 18 Section 1512

US Code Title 18 Section 1513

US Code Title 18 Section 1519

US Code Title 18 Section 2381

US Code Title 42 Section 1981

US Code Title 42 Section 1982

US Code Title 42 Section 1983

US Code Title 42 Section 1985

US Code Title 42 Section 1986

US Code Title 42 Section 3617

US CONSTITUTION SUPREMACY CLAUSE ARTICLE VI

14th Amendment Section 3

1st, 4th, 5th, 8th, 9th, 10th, 13th, 14th, Amendments

US Code Title 28 Section 455

Declaration of Independence

Act of 1989 Whistleblower Protection

Act of July 20, 1892, ch. 209, 27 Stat. 252 (codified as amended at 28 U.S.C.

 1915 (1982)).

US Supreme Court decisions

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. 2264Elrod 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

Forrester v. White, 792 F.2d 647 cert granted 107 S. Ct. 1282, 479 US 1083, 94 L.Ed.2d 140 reversed 108 S. Ct. 538, 484 US 219, 98 L.Ed.2d 555 on remand 846 F.2d 29

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.

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

Mann v. Conlin, 22 F.3d 100, 1994 Fed App. 122P cert. denied 115 S. Ct. 193, 513 US 870, 130 L.Ed2d 126

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

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

Mireless v. Waco, 502 U.S. 9, 116 S. Ct. 286, 112 L. Ed.2d 9 (1991)

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

Commercial Carrier Corp. v. Indian River County, 371 So.2d 1010, 1020 (Fla. 1979)

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

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 re Adoption of Infant Female Fitz, 778 N.E.2d 432, 437 (Ind. Ct App. 2002)

In re Aquinda, 241 F.3d 194

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

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

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 Rochkind, 128 B.R. 520 Mich. 1991

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

There is no statute of limitations for bringing a fraud upon the court claim. Hazel-Atlas, 322 U.S. at 244.

UNDERLYING stated corruption of New Mexico Courts facilitation and protection of the invading Mexican National Sinaloa Carte and domestic terrorism: [No. S-1-SC-39680, Court of Appeals No. A-1-CA-40690, 7th District Court: CV-94-10; CV-02-19; D-727-CV-2021-00028, 13th District Court: D-1314-CV-2021-00541 -Derringer v. Davis & Derringer v. State of New Mexico et. al.,  2nd District Court: D-202-CV-2014-07755; CV-2022-03437. CV-2023-05227, CV-2023-07042, CV-2023-09203, CV-2023-09552] 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.

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

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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 of Extraordinary Special Writ under US Code Title 28 Section 1651 (a). After exhausting all Courts and agencies including The New Mexico Supreme Court, as the court of last resort of the State of New Mexico, the US Supreme Court under Petition for Extraordinary Writ is the last resort for “justice”. The NMSC 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 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

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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. New Mexico Judges have also Ordered Derringer not to file pleadings in obstruction of justice and violations of 18 USC 241, 242, 1503, and 1505. Clearly, with any judge deciding who, if, and when a US Citizen can or cannot use the United States Courts, each judge becomes a dictator despot in absolutism to destroy the judicial branch of government Article III, making justice and redress impossible. 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 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

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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". The US Supreme Court as original jurisdiction court, have a duty to provide use and due process and equal protection to a pro-se citizen Under the 1st, 4th , 5th , and 14th Amendments, US Code Title 42 Section 1981(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 deprived citizens of Constitutional rights; and redress and compensation by

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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 USC 2381. Petitioner has guaranteed rights use of the US Court system pro-se

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without being forced to have an attorney, and cannot be forced to submit his Complaints and other court papers for perusal before the court has any jurisdiction before filing; violating "due process and equal protection" under the 4th , 5th and 14th Amendments. Derringer cannot be persecuted by a Judge requiring “permission” to file a pleading or be threatened with contempt of court and imprisonment when legally acting under due process ie. enabled legally under Rule 60 and other matters. A pro-se citizen cannot be prevented by Order from filing in any US court with any court clerk, and judges cannot rob commit larceny and fraud to steal court pleadings before filing to destroy them to taint the court record, and courts cannot bock appeals; violating "due process and equal protection" under the 4th , 5th and 14th Amendments. In this matter the New Mexico State government, specific state agencies and employees, have entered into a treason with the invading Mexican National Sinaloa Cartel for use of cocaine and pedophile use and abuse of some of the missing 85,000 minor human trafficked illegal aliens from the Cartel, and deny and block Derringer judgments to prevent both justice and redress, block appeals, terrorize the Petitioner by denial of legal use of all state agencies, denial of all due process and equal protection, even refusal to come to emergency 911 calls, and the BCSO “ORDERING” Derringer not to use or call 9-1-1, making criminal hate crimes against the Petitioner with no avenue of escape. The NM Courts have

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 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 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 as violations of obstruction of justice and intimidation. The Bill of Rights grants David Derringer rights as a "sovereign citizen of America" with a right to freedom and liberty and happiness without enslavement or forced involuntary servitude by others under violations of the 13th Amendment in public corruption. Petitioner cannot be denied or enslaved to be required to "ask permission" to file suit of Civil Rights deprivations by a single judge for future suits, not already assigned to any particular case in mis us of FRCP Rule I l. Petitioner cannot be denied access and use of the US Courts under US Code

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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 public records destroyed, tampered with, and corrupted, by the justices and courts themselves to block and inhibit appeals of deprivations of Constitution and all laws. Petitioner cannot be singled out as a "targeted individual" by "judicial terrorism" and persecuted for exercising his 1st Amendment right to expose public corruption, and is thus protected by the federal obstruction of justice, and obstruction of proceedings under United States Code Title 18 Sections 241, 242, and 1503, and protected additionally for exposing and "whistleblowing" on this public corruption by the Whistle-blowing act" of 1989. “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

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 "sovereign citizen" in the American Republic as designed by Congress, Constitution, Amendments, Bill of Rights, and Declaration of Independence. Petitioner has guaranteed rights Title 42 U.S.C. Section 1981 (a) "rights to sue" to equal protection and full and equal benefit of all laws, to file suit without court "permission" Petitioner is afforded the right to Pro-Se representation in any court of law in the United States at any time, both civil and criminal, under the provisions of the 4th , 5th , and 14th Amendment and Title 42 U.S.C. Section 1981 (a), and cannot be stopped by dictatorship of a particular justice in bias and prejudice against David Derringer in particular, cannot be forced to stand before a recused judge, and cannot be denied the Petitioner’s jury, in misuse of judicial power, 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

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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 permanently damaging Section 1 Article III. This entails a long history of 30 year persecution against the Petitioner of unethical Judges, Justices, administration of all three branches of government infiltrating the system, including Judicial Standards, the Bar Disciplinary Board and governmental agencies to work in concert, with deliberate use of the invading Mexican National Sinaloa Cartel as a criminal vehicle to not only terrorize the American citizens, but to gain wealth of the elite party to take vast drug money bribes, perks, and gain their use of cocaine, methylamphetamines, fentanyl, human trafficked minors for pedophiles, and fully illegal automatic firearms supplied by the Sinaloa Cartel in trade for Sinaloa Cartel protection of all RICO racketeering industries in New Mexico including horse rustling and 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

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 justice and redress if the case involves exposure of public corruption, legal attack against any state employee, and absolute protection for the Sinaloa Cartel. Sustained herein, the Petitioner has undeniable proof of being singled-out, discriminated against as a “class of one”, targeted, persecuted, and all destruction of “life, liberty, and happiness”, due to the Petitioner being a whistleblower exposing the extreme public corruption of the State of New Mexico. New Mexico has by sedition, seceded from the Union operating at all times against the Constriction wherein all federal funds are mandated denied. In 1992, David Derringer and wife Susan Nevitt purchased in clear title and warranty deed without mortgage, real estate contract or any encumbrances a 40-acre property that had been unoccupied for about 39 years without structures. US Patent of this property was granted in 1895 to John C. Gibbs who had used it for livestock and other purposes by developing the water, wherein it had the original well of 1895, and predecessor in title Ray Eichner, had drilled a second well. As the Gallup Basin was not closed by the NM State Engineer (OSE), Nevitt/Derringer immediately drilled two additional wells, not under the jurisdiction of the OSE. Nevitt Derringers thus developed the property over the next 14 years with 2 cabins, a 3,200 ft house, a mobile home double-wide, round pen, arena, three barns, outside toilet and shower facilities, storage container, 4 large storage barns, many horse, llama, goat pens, chicken coup, and animal amenities, and farmed 20

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 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 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,

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 Blackhawk, and white Chinooks, all non-military and without identification. Aircraft of Piper super cub, C-130, and Cessna were making drops of drug packages at the Chapel’s front field and the Northern mesa a ½ mile away wherein Chapels used 4-wheelers for delivery movement of the contraband. Chapels used fully automatic firearms from the Sinaloa Cartel in intimidation of the Derringers, later found to be sold to the Catron County Sheriff, and Bernalillo County Sheriff Departments as illegal contraband. Nevitt/Derringers witnessed constant human and children trafficking of 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

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 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 taxmoney 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’

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 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 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

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 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. to cover-up the entire matter, the 10th Circuit immediately dismissed all Derringer cases and illegally formed a restraining order against Derringer’s use of the United States Courts forever, (in criminal acts of USC 18-241, 242, 1503 and fraud on the court). [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,

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wife Susan Nevitt was staying with her mother in her condition, with Derringer alone on the ranch. Judge Pope arranged with the Sinaloa Cartel to criminally attack Derringer, wherein 40 or more Sinaloa Cartel tore off the front Derringer property gate, killed a Derringer dog and cat to precipitate a “fire fight” with intent to murder Derringer. The New Mexico State Police only intervened as a “pose’ to prevent casualties so as to easily remove Derringer illegally to facilitate the adverse takeover of the legal Derringer property, forcing Derringer out “as planned” for the Chapels 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

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 Canon destroyed public record of the notarized Nevitt/Derringer well transfers, and also destroyed public record of the Derringer receipt of the 4 well transfers to exclusively David Derringer of proof receipt document [Exhibit 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

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 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 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

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 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 of the end of 2023, after 12 years of open range breeding of the original 32 Derringer horse breeding herd, Derringer owns over 500+ horses, wherein now, the NMLB and the 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 $50,000,000.00. 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 BCSO is now buying fully automatic firearms directly from the invading Sinaloa Cartel in criminal acts of 18 USC 922 against ATF illegal possession of “Class-3 weapons”. 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.

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Complaints made to Governor Grisham are totally “known” and ignored, as are written complaints to the NM Attorney General that “takes pride” in being bribed by $100,000.00 by international Communist terrorist George Soros. Derringer has now filed and won by default 13 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, and all protection denied each time of requested TRO and permanent injunctions against the terrorists stealing the Derringer horses ie. The NMLB government. For domestic terrorism the NMLB colluded with the Sinaloa Cartel to capture, butcher-while-alive a Derringer 1-week 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

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 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 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

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 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, 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,

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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 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

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 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 Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. . . . If the Government becomes a lawbreaker, it breeds

contempt for law; it invites every man to become a law unto himself; it invites anarchy."” (Emphasis added).

CONCLUSION

Fraud on the court vitiates everything; Chief Justice John Marshall acknowledged that a court may grant relief from judgment where a new matter "clearly proves it to be against conscience to execute a judgment, and of which the injured party could

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not have availed himself before judgment. Marine Ins. Co. of Alexandria v. Hodgson, 11 U.S. (7 Cranch) 332, 336 (1813). 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 fraudon 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]

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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 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-

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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 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

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 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 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 an Extraordinary Writ should be granted and action should be Ordered judgements for Plaintiff Derringer in the 13 underlying cases of

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No. S-1-SC-39680, Court of Appeals No. A-1-CA-40690, 7th District Court: CV-94-10; CV-02-19; D-727-CV-2021-00028, 13th District Court: D-1314-CV-2021-00541 -Derringer v. Davis & Derringer v. State of New Mexico et. al.,  2nd District Court: D-202-CV-2014-07755; CV-2022-03437. CV-2023-05227, CV-2023-07042, CV-2023-09203, CV-2023-09552, false criminal Complaints T-4-CR-2023-002115 and T-4-CR-2023-003902 as a motive to jail and assassinate the Petitioner. 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 500 + Derringer horses from 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

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 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 has been targeted and persecuted as a whistleblower in hate crimes, discrimination, taking all rights under the Declaration of Independence, the US Constitution, the NM Constitution and ignoring all statutes and case laws protecting Derringer in ruing the life of Derringer for 30 years, taking Derringer’s vast real and personal property without any rule of law, or compensation, where Derringer is legally entitled to be compensated for deprivation of all use of the courts by RICO racketeering by judges of the public corruption of New Mexico and the federal 10th Circuit District Court, and granted restitution and reparations of the amount of $34 Billion dollars, and redress by Owen v. City of Independence, US Supreme Court 445 US 622 (1980) No. 78-1779 “The innocent individual who is harmed by an abuse of governmental authority is assured that he will be compensated for his injury.” Additionally, Derringer is entitled to relief of all the denied Default judgments and requested sanctions in the former cases of No. S-1-SC-39680, Court of Appeals No. A-1-CA-40690, 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

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 & Derringer v. State of New Mexico et. al.,  2nd District Court: D-202-CV-2014-07755; CV-2022-03437. CV-2023-05227, CV-2023-07042, CV-2023-09203, CV-2023-9378, CV-2023-09552, false criminal Complaints T-4-CR-2023-002115 and T-4-CR-2023-003902 for 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, 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.

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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 and secession from the Union, 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 Chapel stolen personal property groundwater of $ one dollar per gallon of 60 acre feet of water for 18 years of stolen water amount of $5,865,325.72; 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 13 cases wherein Derringer has won all counts in all amounts by DEFAULT in all 13 cases, including all Defendants

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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, Court of Appeals No. A-1-CA-40690, 7th District Court: CV-94-10; CV-02-19; D-727-CV-2021-00028, 13th District Court: D-1314-CV-2021-00541 -Derringer v. Davis & Derringer v. State of New Mexico et. al.,  2nd District Court: D-202-CV-2014-07755; CV-2022-03437. CV-2023-05227, CV-2023-07042, CV-2023-09203, CV-2023-9378, CV-2023-09552]

7 Order immediate return of the exact 500 + stolen horses from the Pajarito and Santolina private lands on the West Mesa in Albuquerque, New Mexico, in good health, each with a veterinarian certificate of health and that no horses are gelded or spade as former breeding livestock with:

A $50,000.00 punishment amount for each of the 500+ horses stolen in larceny, additionally return to Derringer all money received by the NMLB or any and all other private parties or entities that illegally sold stolen Derringer personal property (NMSA 30-16-11) with  names and addresses of all persons or entities that were granted a fraudulent bill of sale from the NMLB (and copy of that illegal document) or any other for proof of disposition of each horse.

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B Names and addresses of any veterinarian involved in any way with any and each stolen horse, specific document where each horse was taken and who is in adverse possession prior to replevin return with each horse identified by 4 photos of head, tail, left and right sides.

C Order a lifetime value of $50,000,000.00 for all 500+ horses if not returned, or $125,000.00 for each horse not returned assuming the horse has been killed, sold to killers, sold and illegally transported to Mexico to be slaughtered for meat.

D Order a punishment of an additional $25,000,00. For any horse that has been illegally gelded or spade destroying the lifetime breeding of the horse, and an additional $15,000.00 punishment for any Derringer horse that has been illegally branded and document that Derringer own the “now-branded” horse.

8 Court discretion awards to Derringer for treason of the New Mexico Livestock Board and other NM agencies’s treason, conspiracy, and collusion with the invading Mexican National Sinaloa Cartel.

9 Any other and just punishment, sanctions, and disciplinary actions against any co-conspirators 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.

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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 500 + horses ongoing, and extreme domestic terrorism, with ignoring replevin, ignoring now 13 cases Derringer won by default and all defendants’ fraud on the court an Order for protection/injunction is necessary from the US Supreme Court to 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 all other persons in collusion, 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.

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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treason against America of 18 USC 2381,

Respectfully submitted by ______________________________________

Box 7431 Albuquerque, New Mexico 87194

Respectfully submitted by ______________________________________

David Derringer P.O. Box 7431 Albuquerque, New Mexico 87194

CERTIFICATE OF COMPLIANCE

Petitioner, David Derringer, acting in forma pauperis, pro-se, has provided the Petitions in format Rule 33(2) with less than 40 pages in double-spaced type Times New Roman.

CERTIFICATE OF SERVICE

 I hereby certify that in forma pauperis, I caused 1 true and correct original of the foregoing Emergency Petition for Extraordinary Writ with 1 full copy of Addendum attachments, with the authorization of the USSC Clerk due to forma pauperis not able to copy 11 copies, to be sent on the 24th day of January, 2024 for filing to: The Supreme Court of the United States, 1 First Street N E Washington, DC 20543.

By ______________________________David Derringer, Box 7431, Albuquerque, NM 87194

VERIFICATION

I, Petitioner David Derringer, representing myself Pro-Se, herby state under Oath,

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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