Barrie Derringer Petitioner v. David Derringer Respondent

Friday, April 10, 2015

CV-2015-1435 David Derringer v. Barrie Lee Crowe aka Barrie Lee Derringer aka Barrie Lee Beverley

STATE OF NEW MEXICO

COUNTY OF BERNALILLO

IN THE SECOND JUDICIAL DISTRICT COURT

Filed February 26, 2015 Summons Served

DAVID DERRINGER

Plaintiff,

No. CV-2015-1435

BARRIE LEE CROWE AKA BARRIE LEE DERRINGER

AKA BARRIE LEE BEVERLEY

Defendant,

COMPLAINT FOR EQUITY DIVISION OF MONEY AND PERSONAL PROPERTY PURSUANT TO NMSA 40-3-1, 40-3-6, 40-3-8, 40-3-9, 40-4-20, AND 38-1-16(5) FOR FINAL MODIFICATION OF PROPERTY DIVISION AND

PUNITIVE DAMAGES

Plaintiff, David Derringer representing himself Pro-Se states his complaint as follows:

Jurisdiction and Venue

1) Plaintiff David Derringer, (hereinafter in this Complaint referred to as “DAVID”) was violated by the Defendant in unequal and deprivation of rights in the property division, community income, community savings, sole and separate inheritance, and value of vehicle, upon separation and divorce, wherein there is no signed marital settlement agreement by either party, wherein the venue and jurisdiction is proper in the venue of the Plaintiff, in the City of Albuquerque, New Mexico in the County of Bernalillo, State of New Mexico Second Judicial District Court.

2) Upon information and belief the Defendant Barrie Lee Crowe, aka Barrie Lee Derringer, aka Barrie Lee Beverley (hereinafter in this Complaint referred to as “BARRIE”) can be found located at 9750 Saybrook St. Highlands Ranch, Douglas County, Colorado 80126 and 6148 Balsam Way Unit 212, Littleton, Colorado 80123, and 6155 S. Ammons Way Unit 215, Littleton, Colorado 80123.

3) Barrie Crowe aka Barrie Derringer aka Barrie Beverley is accountable and this court has jurisdiction, despite her residence in the Denver area, in the State of Colorado pursuant to the Long Arm law of New Mexico 38-1-16(A). Any person, whether or not a citizen or resident of this state, who in person or through an agent does any of the acts enumerated in this subsection thereby submits himself or his personal representative to the jurisdiction of the courts of this state as to any cause of action arising from: (5) with respect to actions for divorce, separate maintenance or annulment, the circumstance of living in the marital relationship within the state, notwithstanding subsequent departure from the state, as to all obligations arising from alimony, child support or real or personal property settlements under Chapter 40, Article 4 NMSA 1978 if one party to the marital relationship continues to reside in the state.

4) Plaintiff David is allowed under NMSA 40-4-20 (1978) with the prior case law of Mendoza v. Mendoza 103 NM 327, 706 P.2d 869 (Ct. App. 1985) to bring this action to seek resolution and modification of the property division between David Derringer and Barrie Derringer aka Barrie Crowe aka Barrie Beverley, for redress of inequalities under laws since there is no marital settlement agreement signed by either party.

5) The Plaintiff’s cause of action arose with David Derringer at all times in New Mexico, with all appurtenant matters arising in New Mexico, so venue is proper in the Second Judicial District Court for jurisdiction of all legal and substantive matters, and the Second Judicial District Court has personal jurisdiction thus over both the parties as individuals, and the subject matter.

6) The jurisdiction of the Plaintiff and his personal property, and his undeniable right, immunities and privileges is established in a proper venue in New Mexico, despite whom might store, steal or deprive that personal property elsewhere outside of the issues pursuant to Telephonic v. Rosenblum, 88 NM 532, 543 P.2d 825 (1075).

General Allegations Common to all Counts

7) Plaintiff adopts and incorporates by reference herein paragraphs 1-6 of the complaint as if set forth in full.

8) Barrie’s legal name when David Derringer met Barrie on July 7, 2009 was Barrie Lee Beverley, a name kept from her twice marriage to former biker husband Charles Beverley.

9) On or about November, 2009, Barrie Beverley legally petitioned and was granted by law, and changed her last name to “Derringer” becoming thus Barrie Lee Derringer by court order of the Second Judicial District Court November, 2009, prior to the marriage with David Derringer.

10) On or about January 15, 2010 in Durango, Colorado, Barrie Lee Derringer legally married David Brian Derringer to become known legally again as Barrie Lee Derringer.

11) During the Derringer marriage there was no pre-nuptial agreement and thus all income of both spouses and all purchases of tangible items during the marriage was “community property” and all debt incurred during the marriage was “community debt” except debt incurred by Barrie Lee Beverley prior to the marriage which was sole and separate debt of Barrie.

12) Without substance and betraying husband David Derringer, on December 27, 2011, Barrie Derringer became emotionally and mentally unstable, unpredictable, did illegal and criminal acts, was irrational and did pre-meditated actions against David, the courts, and the public that were highly illegal in a husband perceived total 180 degree change of personality, in either a personality disorder or new personality never before seen by David, and may have gone back to a former life style as with biker husband Charles Beverley with former use of cocaine, extreme alcohol use, marijuana use or other illegal drugs and Barrie left David in separation with use of 5 different prescription medications of codeine and likely addicted to this controlled substance.

13) After Barrie left David on December 27, 2011, Barrie withdrew all money from the joint savings and checking accounts of the Derringers for her own sole use and possession, and Barrie changed her direct deposit of her income as community income to then become income only used by Barrie and withholding all her contributions to community income from her legal spouse.

14) On or about January, 2012 Barrie Lee Derringer applied for and was awarded credit cards under the fraudulent illegal name of Barrie Lee Beverley, which sounded in tort against David Derringer creating “community debt” for the marriage under fraud.

15) On or about January, 2012 ongoing, Barrie spent community income for attorneys without agreement from her spouse, using community income without compensation for her spouse.

16) On or about January, 2012 in violation of NMSA 40-3-1, Barrie rented a three bedroom house with use of community income of her employment at NAI Maestas and Ward Commercial Real Estate, without the consent of spouse David Derringer and prohibiting spouse David Derringer from any use, accessibility or knowledge of location.

17) Ongoing during the marriage from January, 2012 Barrie resided in a three bedroom house without the consent or access of David and spent about $1,500.00 of community income with rent and expenses.

18) On or about January, 2012, Barrie purchased “community property” with use of her “community income” of employment without consent of David and without disclosure of all purchases with “community income” and never was held accountable for these purchases after the divorce.

19) In any and all matters/counts of this Complaint, the Defendant Barrie acted in fraud, perjury, criminal identity theft, deprivation of rights, retaliation, retribution, and revenge against David Derringer to misuse both the Domestic Violence courts and the Marital family courts as a weapon against David, to gain “unjust enrichment” by keeping monies and property of David that she under law was not entitled.

20) On or about February 4, 2012 Barrie and other criminals from NAI Maestas and Ward broke into the Derringer storage and stole, vandalized and removed as much “community property” and some of David Derringer’s personal property before APD arrived to stop and order Barrie and others to leave, and prior to the arrival of APD Barrie made no attempt to stop the criminal assault and battery conducted against her husband by Debbie and Irwin Harms, a woman friend of Barrie and 10 other men employees of NAI Maestas and Ward Commercial Real Estate.

21) On or about February 6, 2012 Barrie conducted criminal perjury and fraud to file a Petition for Order of Protection against David.

22) After December 27, 2011, Barrie stopped paying all “community debt” leaving the full burden of community debt against the husband David Derringer.

23) The plan of action of Barrie from December 27, 2011 prior to filing and then throughout both DV-12-234 and DM-12-610 was to disregard marital vows and moral obligations, disregard the marital contract, abandon her husband, gain monetary advantage of bank funds, community income, community assets, illegal credit card monies by identity theft, defraud and walk away from community debt and legal obligations of feeding animals, and other acts to “enrich” Defendant Barrie at the expense of the Derringer marriage and against all laws, and mis-used other third parties in this conspiracy.

24) Defendant Barrie used proven perjury and fraud multiple times in court documents and against third parties to circumvent the law and gain “unjust enrichment” for her own personal gain and creature comfort exemplified in the filed action of State of New Mexico v. Barrie Derringer criminal action in the District Attorney OA #2013-00780-1 and subsequent fraud to Geico Insurance of $8,500.00 and two additional break-ins to the Derringer storage with mis-use of DV-12-234 without jurisdiction due to a foundation error of no legal service of summons to David Derringer, and stole/converted over $55,000.00 of David Derringer’s legal pre-marriage personal property to her own, and vandalized more.

25) On or about April 10, 2012 Barrie Lee Derringer made claim in DM-12-610 to retake her maiden name of Barrie Lee Crowe, and continues to use credit cards fraudulently obtained in January, 2012 under Barrie Lee Beverley.

Count 1-Modification of property division of DV-12-234 and DM-12-610 for redress of inequalities under law, and fraud

26) Plaintiff adopts and incorporates by reference herein paragraphs 1-25 of the complaint as if set forth in full.

27) Defendant Barrie used fraud and perjury to obtain a civil order of protection in DV-12-234 to obtain a “no-contact order” so that Barrie would not have to explain or be accountable for stealing bank accounts of “community income”; not disclose purchases of “community property” after her leaving; not be accountable for embezzlement of “community income” of taking all of her income for only herself; and not be accountable for renting a three bedroom house and denying his legal husband access and using “community income” for an amount of about $1,500.00 per month without authorization from her spouse; and burdening the marriage with additional “community debt” by Barrie’s “fraudulent” acquisition of credit cards under Barrie Lee Beverley and denying food and money to haul water for the Derringer animals constituting “animal abuse”.

28) During the marriage David used sole and separate money from the death of his mother to pay off $7,000.00 of pre-marriage IRS debt of “Barrie Lee Beverley” to be a “good husband” and to keep the Derringer marriage from penalties and interest adversely affecting the financial aspects of the Derringer marriage and was not reimbursed under law.

29) During the marriage, Barrie used “community income” to pay pre-marriage additional debt with the IRS over and above the $7,000.00 already paid in an amount of $100 per month from January 15, 2010 until April 10, 2012; to be a “good husband”, David Derringer paid each month $100.00 with use of “community income” another at least $2,300.00 of pre-marriage IRS debt for Barrie Lee Beverley, to keep the Derringer marriage from penalties and interest adversely affecting the financial aspects of the Derringer marriage.

30) On or about July, 2010 the Derringer family purchased a used Chevy 2005 Silverado one-ton “dually” pick up for about $34,000.00 as “community debt” with David Derringer being “primary” of the loan, with Barrie only as “co-signer”, but with special use by David Derringer of sole and separate inheritance money from the death of his mother for a down payment of $7,000.00 down payment, and at least 8 payments made on such vehicle at $595.27 by David’s selective use of sole and separate inheritance fund when the Derringer’s community income was too low, and acquired that amount in equity in that vehicle as “sole and separate equity property” creating about $12,000.00 sole and separate equity in that vehicle for only David Derringer by use of sole and separate inheritance funds of only David Derringer, making only the remaining ongoing creation of “equity” “community property” for claim by Barrie Derringer from the Derringer marriage from January 15, 2010 until April 10, 2012; a value of the vehicle of about $32,000.00.

31) Upon leaving David on December 27, 2011, Barrie took all community money from the joint bank accounts in the amount of at least $1,000.00.

32) Upon leaving David on December 27, 2011, Barrie changed her direct deposit of “community income” into a separate unknown account to unlawfully keep all community income and to deprive any use or access of community income from spouse David Derringer in a monthly amount of about $2,600.00.

33) Upon leaving David on December 27, 2011, Barrie refused to pay community bills of Sprint and Public Service Company to amounts well over $600.00 in violation of NMSA 45-2-804.

34) Upon leaving David on December 27, 2011, Barrie refused to pay any food and water bills for the Derringer animals and livestock in violation of NMSA 30-18-1 in amounts of $700.00 per month, in “abandonment” and “abuse” of the Derringer living creatures.

35) On or about February, 2012, Barrie Derringer conducted “fraud” to the landlord Thom Stein of 101 Florida SE Unit C, Albuquerque, New Mexico, by illegally simply taking her name from the community debt lease, while still married to David Derringer and discharged all debt of the storage against David Derringer in an amount of $700.00 per month, depriving $2,100.00 payments of community debt, which, without the Barrie ¾ contributions to the community income precipitated the eviction of David Derringer. and discharge of Barrie Derringer’s legal responsibility for that community debt in violation of NMSA 45-2-804.

36) Due to total discharge of marital duties and legal marital contract obligations to third party community debt, Barrie ruined the credit rating of husband David Derringer.

37) Upon leaving David on December 27, 2011, Barrie illegally gained separate residence without authority or cause, creating new community debt, and in deprivation of community income from spouse David Derringer, in the amount of about $1,500.00 per month for four months.

38) Upon leaving David on December 27, 2011, Barrie purchased community property of clothing, shoes, appliances and other “creature comforts” without authorization from her spouse and without any disclosure to her spouse of value, and kept hidden from her spouse such “community property” in Barrie’s sole possession, even though David was ½ owner legally of such property.

39) In and about January, 2012, Barrie applied for and received several credit cards in criminal fraud and criminal identity theft by fraudulent use of the Barrie former name of Barrie Lee Beverley, which legally she had not had use of that name since the Court Order of November, 2009 when Barrie legally changed her last name to “Barrie Derringer”, thus creating fraud involvement, community debt, and deceit against legal husband David Derringer, in amounts exceeding $1,000.00 and used such purchases to create new “community property” of which was hidden and withheld from spouse David, even though David was “co-owner” of that community property.

40) Upon leaving David, Barrie mis-used community income without authorization and without cause to hire attorney Alain Jackson for several thousand dollars.

41) On or about February 4, 2012, Barrie used 12 persons including two bosses of Debbie and Irwin Harms of NAI Maestas and Ward Commercial Real Estate to break and enter the Derringer storage on 101 Florida SE Unit C in attempts to take all Derringer’s property prior to filing any petition for order of protection or petition for dissolution of marriage and on that date the 12 persons did assault and battery against husband David Derringer, and APD ordered them to leave, but David’s personal property was taken in the process.

42) Barrie used 12 persons including two bosses of Debbie and Irwin Harms of NAI Maestas and Ward Commercial Real Estate to break and enter the Derringer storage again on February 25, 2012, and likely was involved in two other “burglaries” of both 101 Florida SE Unit C on March 8, 2012, and on July 3, 2012 where David was staying in the Rio Puerco at a time “coincidentally” when David was in court with Barrie, and at these times more David personal property was stolen in additional amounts exceeding $4,000.00.

43) Since February 4, 2012, with the two or possibly three break-ins of storage at 101 Florida SE Unit C in which Barrie and her 12 other persons were involved, over $55,000.00 of David Derringer sole and separate property was taken or destroyed.

44) In the burglary of July 3, 2012 at the location of David in Rio Puerco, over $4,000.00 of David Derringer property was taken and dogs were hurt by the perpetrators.

45) Barrie had no legal ability under case law, NM statutory laws, or Constitution to do any of the above acts of larceny of property, creation of new community debt and liability against David Derringer or to take Constitutional rights from David Derringer.

46) In both DV-12-234 and DM-12-610 Barrie was allowed in legal errors by a biased court to escape all accountability for actions of “unjust enrichment” facilitated against David Derringer in total inequity under all laws in effect at the time.

47) On April 3, 2013 the court in bias allowed Barrie to take physical possession of the 2005 Silverado, and supposedly allowed to sell the vehicle without consent or discussion with the primary loan holder David Derringer for any amount Barrie deemed and to take a full equity in a total disregard for the sole and separate inheritance equity of David Derringer of $12,000.00 and that David Derringer is entitled to ½ of the equity beyond the $12,000.00 in sole and separate inheritance property as a right to “community property”; and supposedly Barrie has conducted fraud, false identification or other means to sell or use the Chevy, since David Derringer has clear NM title, registration and license plate with Barrie having or have disposed of the vehicle, giving David Derringer nothing in return of his investment.

48) Barrie has stolen $55,000.00 of David Derringer property, stolen by Barrie and 12 other persons in multiple documented break-ins to storage and likely another $4,000.00 in a burglary against David Derringer on July 3, 2012 coincidently at the exact time Barrie and David were in court to give Barrie an alibi.

49) Barrie has not been held accountable at any time for criminal acts, conspiratory acts, or fraudulent acts committed multiple times after December 27, 2011 against David Derringer, the courts or the public.

50) There does not exist any marital settlement agreement under DM-12-610 signed by both parties and thus no “legal and binding contract” exists for equity between the parties.

51) Pursuant to U.C.C. 1-308(a)(b) David Derringer refuses to accept the ongoing inequality situation of Barrie depriving “community income”; taking sole and separate inheritance funds in pre-marriage debt; acquiring new debt with fraud; forcing David Derringer sole payments of community debt; taking all equity and possession of the 2005 Chevy Silverado pick up; depriving food and water to live animals when still married; and ruining the credit rating of David Derringer with ongoing fraud and non-payments of community debt; and David Derringer claims the rights of “without prejudice” and “under protest under U.C.C 1-308(a)(b) as “non-acceptance under a reservation of rights” (a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are sufficient. (b) Subsection (a) does not apply to an accord and satisfaction.

52) Identity theft of Barrie Derringer using “Barrie Lee Beverley” to apply and gain credit cards during the legal marriage of the Derringer’s after Barrie left David December 27, 2011, to gain assets for herself and community property hidden from her husband is criminal fraud, identity theft and highly illegal.

53) On all inequities, fraud, mis-use of identity, deprivation of rights, deprivation of community income, increase in community debt, and default of Barrie on community debt to ruin the credit of David Brian Derringer, the Plaintiff claims “non-assumpsit. The general issue in the action of assumpsit; being a plea by which David Derringer avers, "he did not partake" or promise as alleged.

54) Barrie has taken $1,000 in bank account monies, $10,400 in community income, $1,950.00 of David’s inheritance money for payment to Barrie’s IRS pre marriage debts, David’s inheritance equity of $12,000 of the 2005 Chevy Silverado, taken David’s ½ of the remaining equity in the 2005 Silverado, $6,000 for illegal separate residence, $1,050.00 discharge of storage community debt, $1,000 of illegal credit card debt under fraud use of “Barrie Beverley” in criminal identity theft, $55,000 of David Derringer’s personal property, and likely $4,000 in a burglary in Rio Puerco against David Derringer, and untold amounts of “community property” Barrie refuses to disclose.

55) In the actions of both DV-12-234 and DM-12-610 Barrie testified under Oath that she would return the gold wedding ring to David Derringer and has not done so; a value of about $600.00.

56) Barrie has gained about $92,400.00 of “unjust enrichment” by monies and property taken in inequites during DV-12-234 without legal service of summons and fraudulently intertwined DM-12-610 against David Derringer.

57) In DV-12-234, DM-12-610, and CV-12-10816 Barrie denied “under oath” any possession of any of David Derringer’s personal property, as was known taken in the break-ins and other illegal actions of Barrie.

58) Barrie then took several boxes of David’s personal property on or about January, 2014 to the offices of Alain Jackson of which David Derringer has a witness.

59) Barrie and Alain Jackson apparently had a plan to entrap David just before the expiration of the no-contact order with a possibility of having guns or ammunition in the boxes, as “they” (Barrie and Alain Jackson in a conspiracy) would not give David an inventory of items within the boxes despite wanting David Derringer to pick them up before the expiration of the Order of Protection on February 21, 2014.

60) After the expiration of the Order of Protection of February 21, 2014, Alain Jackson prevented David from retrieving his supposed some boxes of personal property and moved them to his own residence that he will not disclose.

61) David Derringer has a witness to testify that Alain Jackson took the boxes of supposed David Derringer’s personal property, and David Derringer has filed criminal charges of “embezzlement” with APD.

62) Attorney Alain Jackson, formerly representing Barrie Derringer, aka Barrie Beverley, aka Barrie Crowe has been disbarred and will not disclose his address with anyone.

63) By delivery of the David Derringer personal property to Alain Jackson, Barrie has impeached herself of former testimony under oath that she had no property of David Derringer’s and still will not return the gold wedding ring of which Barrie testified she would in DM-12-610.

WHEREFORE, David Derringer claims $100,000.00 equity restitution against Barrie Lee Crowe aka Barrie Lee Derringer aka Barrie Lee Beverley as equitable settlement of monies and community property share and restitution for the conversion of personal property of David Derringer, and another $100,000.00 of punitive damages to deter other women similarly situated that they cannot steal/convert pre-marriage personal property of a husband, cannot steal inheritance funds to pay their pre-marriage IRS debt, cannot break into storage and steal all community and personal property of a spouse before filing for divorce, cannot take all community income and bank account monies, and cannot disavow community debt and take a vehicle without proper divisions of equity and other deviant acts, and any and other relief the court deems just and proper.

Count 2-Constitutional, Bill of Rights, Declaration of Independence, and New Mexico Constitutional Rights deprivations to David Derringer

64) Plaintiff adopts and incorporates by reference herein paragraphs 1-63 of the complaint as if set forth in full.

65) Defendant Barrie used fraud and perjury to obtain a civil order of protection in DV-12-234 taking away 2nd Amendment Constitutional rights against David Derringer for a period of two years; also having the known effect of depriving David Derringer any income with a known occupation of professional outfitter/hunter with New Mexico Game and Fish license #32 in New Mexico, absolutely requiring firearms for such occupation, and did so without legal service of summons and without any waiver of service of summons from David Derringer. as well as Constitutional deprivations against David Derringer making any income by depriving legal use of firearms and other deprivations of 1^st, 2^nd, 4^th, 5^th, 13^th and 14^th Amendment rights.

66) The US Code Title 42 Section 1982 guarantees David Derringer the rights to own, use and possess firearms and ammunition as personal property without any felonies under US Code Title 18.

67) The US Constitution guarantees David Derringer the rights to own, use, and possess firearms and ammunition for all lawful purposes including “self-defense” as per: US Constitution "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." This is well established as a “personal right” in the US Supreme Court Case No. 10-1521.

68) The New Mexico Constitution guarantees David Derringer the rights to own, use and possess firearms and ammunition for all lawful purposes including “self defense” and making a living as a professional hunter. New Mexico Constitution Article 2 Section 6 : "No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."

69) On February 21, 2012 Barrie Derringer illegally sought with perjury and fraud and without legal service of summons and without any waiver of service of summons from David Derringer to persecute, deceive the courts and sought in a conspiracy to deny the rights, privileges and immunities of David Derringer’s “rights to bear arms” in a deprivation of US Constitution, deprivation of the US Code Title 42 Section 1982, and a deprivation of the New Mexico Constitution Article 2 Section 6 for “malicious purposes” and “malicious prosecution” by mis use of the courts, in order to do damages, restrict inalienable rights and persecute and punish the husband David Derringer with “cruel and unusual punishment”.

70) Taking away Constitutional rights for even brief periods constitutes irreparable damages, and Barrie relentlessly pursued this endeavor for a period of two years until the Order of Protection was lifted on February 21, 2014.

WHEREFORE, David Derringer claims $1,000,000.00 in Constitutional rights damages against Barrie Lee Crowe aka Barrie Lee Derringer aka Barrie Lee Beverley and another $1,000,000.00 in punitive damages taking the very meaning of being an “American” and rights to a Constitution in the American Republic, and any and other relief the court deems just and proper.

Count 3-Mental Anguish and Emotional Distress and Prima Facia Tort

71) Plaintiff adopts and incorporates by reference herein paragraphs 1-70 of the complaint as if set forth in full.

72) On or about December 27, 2011, Barrie defied all marriage vows, equity, and in total discharge of the legal marriage contract between David Derringer and Barrie Derringer, abandoned both husband David Derringer and the Derringer animals without ethical, legal or any justifiable cause, taking both community property, discharge of community debts, and in total inequity to spouse David Derringer, and then attacked David Derringer as an American to take away all rights, immunities and privileges under US Constitution, NM Constitution, Bill of Rights, Declaration of Independence, and to take and interfere with the sovereignty of being a United States Citizen.

73) It is abhorrent that a woman would betray her husband, more disgusting that she would betray our animals to deprive community income for water and food, but reprehensible as a vile act to the very core of being an American and to destroy the very soul to take Constitutional rights and subject a US Citizen to nothingness of citizenship by acts of sedition and treason to our way of life in America.

74) Clearly, Barrie was in a state of emotional instability or “hate mode” to do such damages to her husband, their animals, and precipitate other ramifications that survival was extreme and Barrie’s actions did much personal and physical damage to the Plaintiff David Derringer, and there is not such thing as a “little betrayal”, and no justification whatsoever for any of the egregious actions of Barrie against David Derringer.

75) Each of these acts was intended to injure the Plaintiff, and the Plaintiff has been injured by each act of the Defendant, and has thus been damaged thereby financially, emotionally, and physically with medical problems traced to the stress caused by the Defendant.

76) If the acts of the Defendants have been lawful, those acts also have been intentional acts.

77) The Defendant had no justification or insufficient justification for taking these acts.

78) The conduct of the Defendant was done with malicious intent, and in willful and in reckless disregard of the rights and physical well being of the Plaintiff.

79) At all times the Plaintiff has tried to talk with his wife while legally married, tried to resolve all issues in court pleadings and making statements in such court pleadings that should have made some sense to Barrie, with also trying to make Barrie rational and was blocked by a no-contact order, violence, criminal acts and deprivations by Barrie without any conscience, making this legal action the only way to address and resolve the issues of now gaining equity in a settlement of monies and personal property and equal division of community proeprty, without any cooperation at any time by Barrie, forcing David Derringer to use the courts to resolve issues that at all times should have been initially resolved between “husband and wife” so as to avoid all legal action that has occurred since December 27, 2011, or later for Barrie to simply come forth to settle these matter in fairness and equity, but instead the Defendant flees to Colorado to “move on” and simply ignore the damages and inequity Barrie imposed upon another.

WHEREFORE, David Derringer claims $50,000.00 in mental anguish, emotional distress and prima facia tort against Barrie Lee Crowe aka Barrie Lee Derringer aka Barrie Lee Beverley, and that this Court enter judgment against the Defendant of all counts for damages claimed and in amounts secured by facts and law to be proved at trial, sanctions and punitive damages that are indicated, and such other and further relief as the Court deems just and proper.

Respectfully submitted by: __David Derringer___________________

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

VERIFICATION

STATE OF NEW MEXICO )

) ss.

COUNTY OF BERNALILLO )

I, David Derringer, representing myself Pro-Se, being first duly sworn, upon my oath state that I have written and read the foregoing Complaint and know the contents thereof, and that the statements contained therein are true to my knowledge, except for those statements made on information and belief, which I believe are true.

David Derringer David Derringer

SUBSCRIBED AND SWORN to before me on February 26, 2015 by David Derringer.

(Seal)

Ronald J. Medina

My Commission Expires:

_3/5/18________ _Ronald J. Medina_

NOTARY PUBLIC

STATE OF NEW MEXICO

COUNTY OF BERNALILLO

IN THE SECOND JUDICIAL DISTRICT COURT

DAVID DERRINGER

Plaintiff,

No. ________________

BARRIE LEE CROWE AKA BARRIE LEE DERRINGER

AKA BARRIE LEE BEVERLEY

Defendant,

SUMMONS

TO: Barrie Lee Crowe aka Barrie Lee Derringer aka Barrie Lee Beverley

ADDRESS: 9750 Saybrook St. Highlands Ranch, Douglas County, Colorado 80126, and 6148 Balsam Way Unit 212, Littleton, Colorado 80123, and 6155 S. Ammons Way Unit 215, Littleton, Colorado 80123.

GREETINGS:

You are hereby directed to serve a pleading or motion in response to the Complaint filed in this cause within thirty (30) days after service of this summons, and file the same, all as provided by law.

You are notified that unless you serve and file a responsive pleading or motion, the Plaintiffs will apply to the court for the relief demanded in the Complaint.

Plaintiffs' Address:

Box 7431

Albuquerque, New Mexico 87194

WITNESS the Honorable Judge Brickman, District Judge of the

Second Judicial District Court of the State of New Mexico, and the seal of the District Court of

that County of Bernalillo, this_26th_day of February, 2015.

_____________________

District Court Clerk

By:__________________

Deputy

Note: This summons does not require you to see, telephone or write to the District Judge of the Court at this time.

It does require you or your attorney to file your legal defense to this case in writing with the Clerk of the District Court within 30 days after summons is legally served on you. If you do not do this, the party suing may get a judgment by default against you.

Wednesday, January 14, 2015

US Supreme Court Petition for Writ of Habeas Corpus

No. _____________

_________________________________________________________________

IN THE

SUPREME COURT OF THE UNITED STATES

_________________◊__________________

PETITION FOR WRIT OF HABEAS CORPUS

PURSUANT TO USC TITLE 28 SECTION 2241(a)(c)(3);

SECTION 2242; SECTION 2255(a)(b)(c)(f)(1)

__________________◊__________________

DAVID DERRINGER,

Petitioner,

New Mexico Supreme Court 32,587; 34,244; 34,350; 34,875

vs. New Mexico Court of Appeals No. 27,127; 32,326; 32,587; 32,982

Second Judicial District Court DV-12-234 inexplicably intertwined

with DM-12-610 inexplicably intertwined with CV-12-1307 consol.

with CV-12-10816

THE STATE OF NEW MEXICO

Respondent,

__________________◊__________________

On Petition For a Writ of Habeas Corpus Totally Intertwined With

the Petition for Writ of Certiorari Simultaneously Filed

To The State of New Mexico and

Requested Ordered directive to the FBI/DOJ for investigation

of exposed public corruption of the State of New Mexico Judiciary

Constitutional deprivations, judicial fraud, judicial bribery, and

conspiracy against rights and deprivation of rights

under color of law by Respondent

With attached Addendum Appurtenant to both the Petition for Writ of Certiorari and the Petition for Writ of Habeas Corpus regarding violations of “JURISDICTION”

__________________◊__________________

David Derringer

Box 7431

Albuquerque, New Mexico 87194

December 29, 2014

__________________◊__________________

_________________________________________________________________

COMES NOW the Petitioner, David Derringer with his Petition for Writ of Habeas Corpus pursuant to Rule 17 original jurisdiction under Article III 28 USC 1651(a), 2241 and Rule 34; David Derringer “sovereign citizen of the US, being “imprisoned” in violation of the 13^th Amendment in the public corruption, judicial fraud, and judicial terrorism of the State of New Mexico and of the 10^th Circuit US District Court for the District of New Mexico as to why this Petition is brought directly to the United States Supreme Court and not to the US District Court of jurisdiction of the State of New Mexico. As simultaneously filed, the “ADDENDUM” provided is appurtenant to both the Petition for Writ of Certiorari and the Petition for Writ of Habeas Corpus. It is provable that the judicial fraud, Constitutional deprivations, lack of jurisdiction, lack of judicial capacity, violations of all US Code, and New Mexico Constitution and NM Statutory laws are “intertwined” in the comradery and judicial protection of one justice for another in the State of New Mexico judiciary as well as combined with such “judge protection” by the 10^th Circuit US District Court.

In the US system, federal courts can use the writ of habeas corpus to determine if a state's detention of a “prisoner” is valid. A writ of habeas corpus is used to bring a prisoner or other detainee before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State. It can also be used to examine the jurisdiction of the court. See, e.g. Knowles v. Mirzayance 556 U.S.___(2009), Felker v. Turpin 518 US 1051 (1996) and McCleskey v. Zant 499 US 467 (1991). David Derringer has exhausted all State of New Mexico remedies with several appeals to the NM Supreme Court, “the court of last resort”, several Petitions for Writ of Certiorari, Writ of Superintending Control, Writ of Mandamus, and multiple Complaints to the NM Commission of Judicial Standards. David Derringer has also been legally defeated in deprivation of due process and equal protection with attempts at Civil Rights federal suits under US Code Title 42 Section 1981, 1982, 1983, 1985 and 1986 by the US District Court corruption of the 10^th Circuit for the District of New Mexico. David Derringer has also exposed the public judicial fraud and corruption to the World through public records “FOIA” and New Mexico “IPRA”, on Internet blogs under exercising rights under the 1^st Amendment, as well as letters to the United Nations for Human Rights, NATO, and INTERPOL. All actions by the underlying Judiciary are against all Constitution and all laws in the United States. Free expression should never be suppressed by threats and extortion. “The basic rights and freedoms, to which all humans are entitled, often held to include the right to life and liberty, freedom of thought and expression, and equality before the law”; whereas, Merriam defines it “as freedom from unlawful imprisonment "

The New Mexico Judiciary is involved with the cocaine trafficking in New Mexico, and past litigation by the Petitioner (CV-94-10; CV-02-19, NM Ct. App. No. 27,127) involve racketeering of two Judges Thomas Fitch and Judge John Pope that were involved with cocaine importer Mick Chapel of Quemado, New Mexico, who used judicial fraud, judicial bribery and extortion, to steal by larceny the Petitioner’s 40 acre ranch located in Catron County, New Mexico and driving the Petitioner from his free and clear legal real property by the gunpoint of automatic weapons with a combination of the Catron County SWAT team coupled with the Juarez drug cartel thugs, driving David Derringer from his legal property and with three attempts to assassinate David Derringer. Although the Petitioner, David Derringer sued four NM justices in the 10^th Circuit US District Court over “Civil Rights” US Code Title 42 Section 1983 action, the 10^th Circuit covered up the illegal actions of the underlying NM justices by unilaterally dismissing all actions with claims of “judicial immunity” even though this was not legal wherein the sued NM justices had worked well outside of both jurisdiction and judicial capacity, negating any claim to “judicial or public immunity” and were absolutely both civilly and criminally liable. These “dismissals” of legal, valid suits were both to persecute a Pro-Se party, and to undeniably protect the corrupt justices of the State of New Mexico. As one of such justices, “Judge Cynthia Fry” was a “Defendant” to David Derringer in such 1983 action, she could not come near any cases involving the Petitioner, David Derringer, and yet “presided” over the Appeal of CV-02-19 being NM Ct. App. No. 27,127, disregarding that there was underlying judicial fraud, extortion and with no foreclosure trial and in violation of NM statute NMSA 29-5-5, Judge Fry summarily “gave” the twice appraised $400,000.00 free and clear David Derringer 40 acre ranch to the cocaine importer Mick Chapel and allowed the Federal automatic stay to be broken and assisted the grand larceny of the David Derringer legal ranch, making David Derringer homeless as a way of retribution, retaliation and revenge of the federal law suit against her by David Derringer. As further protection, the 10^th Circuit US District court then issued an illegal Order against David Derringer to force David Derringer to submit any further Complaints before they had jurisdiction prior to filing for the court’s perusal so that they could then stop any filings in the US District Court that involved any attack on the corruption of the judiciary of New Mexico; attending the corruption protection and without any jurisdiction to make such Order that violates both due process and equal protection of the US Constitution 4^th, 5^th and 14^th Amendments in both violation of Oath, sedition and treason against America by “justices”.

On or about February 6, 2012 Barrie Lee Derringer filed in proven perjury and fraud a CIVIL Petition for Order of Protection lying that David Derringer had abused her on February 4, 2012, and failed and refused to legally serve a summons for such CIVIL action. DV-12-234-Bernalillo County Sheriff “failed” legal service. (R.P. 2-17-2012 unable to serve.) Despite no legal service of summons, the Second Judicial District Court held hearing on February 21, 2012, disregarding David Derringer’s statements that they had no jurisdiction and such hearing was unconstitutional and in fundamental error with no judicial capacity, and instead forced David Derringer into ongoing litigation of DV-12-234 summarily taking the 2^nd Amendment rights to David Derringer’s legal rights to own and possess firearms and ammunition as well as taking the “profession” of professional hunter/outfitter NM #32, away from David Derringer by such unconstitutional actions for a period of two (2) years; all intertwined with an illegal “divorce action” of DM-12-610 in fraud without due process or equal protection, mandating dismissal with no “jurisdiction”. On or about February 4, 2012, Barrie Derringer and her criminal bosses of NAI Maestas and Ward Commercial Real Estate Corporation had criminally helped Barrie Derringer “break and enter” the Petitioner’s storage facilities before any filing for divorce and before the filing of DV-12-234, and when caught in the act by David Derringer had done criminal assault and battery and conversion against David Derringer. David Derringer filed a Civil action of torts under CV-12-1307, and later another tort action CV-12-10816 both then encompassing the criminal and illegal tort acts of Barrie Derringer, Alain Jackson, NAI Maestas and Ward Corporation and bosses of NAI Maestas and Ward, and other John Does involved. The record speaks for itself in all cases of DV-12-234, DM-12-610, CV-12-1307 and CV-12-10816 that Commissioner Cosgrove/Aguilar, Judge Alisa Hadfield, and Judge Alan Malott were bought off and criminally bribed by the multimillion dollar NAI Maestas and Ward Commercial Real Estate Corporation, which also had their corporate attorneys helping to represent Barrie Derringer in order to stop all David Derringer litigation against the Corporation and to protect their “accountant” Barrie Lee Derringer that was forced by the Corporation under duress to “cook the books” of NAI Maestas and Ward Corporation that is laundering drug cocaine Juarez, Mexico drug monies into New Mexico Commercial Real Estate in violation of the RICO Act.

In the illegal without service DV-12-234, and totally intertwined DM-12-610, David Derringer continued to fight and was denied all due process and equal protection, denied witnesses, exhibits, documents, cross examination, intimidated, threatened, persecuted and personal property stolen with further break-ins to storage endorsed by the court, to gain unfair advantage and “unjust enrichment” for Barrie Derringer. As David Derringer then exercised his 1^st Amendment rights to expose this public judicial corruption on the Internet blogs of “public court records” Commissioner Cosgrove/Aguilar and Judge Alisa Hadfield Ordered David Derringer to stop placing public court records on the Internet that exposed the judicial fraud, and then in a CIVIL case DV-12-234 Judge Hadfield, without any jurisdiction as the CIVIL judge in the matter, herself, in chambers “criminally sentenced” David Derringer without Criminal complaint, trial, Miranda, jury, attorney and other mandated due process to 30 days in county jail for exercising 1^st Amendment rights of freedom of speech and freedom of expression to place public court documents for public view on the Internet with expression of what the Petitioner perceived was being persecuted against him. Muniz v. Hoffman Supreme Court of the United States June 25, 1975 422 U.S. 454 95 S.Ct. 2178 ...It would .. require that prior to imposition of criminal punishment for violation of a court order the necessary facts must be found by an impartial jury, rather than by the judge whose order has been violated.... When the criminal intimidation, fraud and violent threats of Judge Hadfield did not stop the Petitioner’s legal litigation, Judge Hadfield made written Order to the clerks of the Second Judicial District Court not to accept for filing any legal court pleading or paper of David Derringer, thus blocking due process access to the United States Court system of our Government in violation of Constitutional 1^st, 2^nd, 4^th, 5^th, 6^th, 8^th, 13^th and 14^th Amendment rights and violations of the Supremacy Clause Constitution Article VI, US Code Title 42 Sections 1981, 1982, Title 18 Section 241, 242, 1503. In addition, Judge Hadfield would repeatedly steal and confiscate any and all copies of legal court pleadings David Derringer attempted to legally file, without any jurisdiction or judicial capacity and then destroy the court record so as to taint and subject the court trial record to fraud and stop any further information before appeal. Judge Hadfield also blocked filing of the notice of appeal and the docketing statements of both DV-12-234 and DM-12-610.

On multiple appeal attempts of both DV-12-234 and DM-12-610 intertwined without jurisdiction, the NM Ct. App. blocked and circumvented judicial fraud issues and Constitutional deprivations and jurisdictional issues under collateral attack so as to uphold all deprivations and underlying criminal acts by the trial justices in “sedition and treason” to the Constitution Article III. Upon appeal for Petition for Writ of Certiorari multiple times, coupled with multiple complaints to the NM Judicial Standard’s Commission and with Petitions to the New Mexico Supreme Court for a Petition for Superintending Control and a Petition for Writ of Mandamus, all such legal filings were ignored or denied by the NM Supreme Court so as to sustain the deprivation of David Derringer’s Constitutional 1^st, 2^nd, 4^th, 5^th, 6^th, 8^th, 13^th and 14^th Amendment rights and violations of the Supremacy Clause Constitution Article VI, US Code Title 42 Sections 1981, 1982, Title 18 Section 241, 242, 1503, and allow David Derringer to be forced into courts without service of summons, “convicted” of a criminal act without substance in intimidation and “judicial terrorism”, forced to litigate without due process or equal protection, and denied substantive appeal, with the NM Ct. App. adopting the illegal stance of the 10^thCircuit US District Court forcing David Derringer to submit any pleading, Complaint of other court papers for illegal perusal before any jurisdiction of filing so as to then deny filing to stop any litigation or further exposure of the underlying public corruption of the State of New Mexico. When David Derringer attempted to file a legal sufficient Civil Rights 1983 Action against Judge Alisa Hadfield in the 10^th Circuit US District Court, the illegal and unconstitutional previous Order was sustained wherein the federal justices forced David Derringer to allow them to read the Complaint before they had any jurisdiction before filing and then realizing that such Complaint legally attacked a NM State Judge working well outside of both jurisdiction and judicial capacity and who had even done criminal acts with mis-use of power against David Derringer, the 10^th Circuit US District Court denied and deprived David Derringer’s legal Complaint to be filed under violations of the parameters of USC Title 42 Sections 1981, 1982, 1983, 1985 and 1986, thus protecting the underlying NM public corruption and judicial fraud, as well as persecuting and depriving David Derringer due process and equal protection use of the United States court system of our government; thus “imprisoning” David Derringer to the public corruption of the State of New Mexico and depriving any “sovereign citizenship” rights, privileges and immunities in the United States of America, making the Petition for Writ of Habeas Corpus both mandated and necessary for a DOJ criminal investigation of both the NM judiciary and the 10^th Circuit federal US District Court for the District of New Mexico, all involved in criminal acts under the meaning of USC Title 18 Sections 241 and 242.

In cases CV-12-1307 and CV-12-10816 bribed Judge Alan Malott, disregarded all law for the sustainable torts to dismiss most of the case issues, violated Oath and refused to recuse for cause when proven to have been bribed, proven to have violated all due process and equal protection and Constitutional rights against David Derringer, then refused to obey NMSA 38-3-9 to peremptory recuse upon consolidation, refused to obey NMSA 38-3-3 to grant a change of venue “for justice to be served”, and disregarded both mandated hearing and “justice to be served” and then persecuted and sanctioned David Derringer for exercising statutory rights under NMSA 38-3-9 and 38-3-3 by “dismissing” all claims after illegally consolidating and thus “imprisoning” and controlling David Derringer in both cases of CV-12-1307 and CV-12-10816. This was so as to consummate the “bribery” relief by NAI Maestas and Ward Commercial Real Estate Corporation, to keep all issues from any due process and equal protection, including protecting the other “10” persons that did criminal assault and battery against David Derringer, “imprisoning” David Derringer both to the corruption and the criminal acts against David Derringer’s person in “violence” and “judicial terrorism”. The NM Court of Appeals disregarded forma pauperis even though David Derringer is on public assistance, as well as covered up and disregarded all issues including the judicial bribery of Judge Alan Malott, and the NM Supreme Court on Petition for Writ of Certiorari “ignores”, “refuses to consider”, “covers up the judicial bribery” and “disregards Constitution” not to address any of these matters and thus denied by default any possibility of David Derringer getting a trial and due process and equal protection over any of the matters of CV-12-1307 consolidated with CV-12-10816 as “imprisonment” of public corruption and judicial fraud. In sum, it can be stated that there is vast, unrealized potential in the writ of habeas corpus to challenge any unlawful detention or restraint on personal liberty. No detention is immune from having its legality tested.

UNITED STATES SUPREME COURT CASE LAWS VIOLATED AGAINST DAVID DERRINGER BY THE STATE OF NEW MEXICO AND THE 10^TH CIRCUIT US DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

US Supreme Court decisions

Alden v. Maine Supreme Court of the United States June 23, 1999 527 U.S. 706 119 S.Ct. 2240

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

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

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 S.Ct. 780

Borough of Duryea, Pa. v. Guarnieri Supreme Court of the United States June 20, 2011 131 S.Ct. 2488 2011 WL 2437008

Brown v. Hartlage Supreme Court of the United States April 05, 1982 456 U.S. 45 102 S.Ct.1523

Cipollone v. Liggett Group, Inc. Supreme Court of the United States June 24, 1992 505 U.S. 504 112 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

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

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

Examining Bd. of Engineers, Architects and Surveyors v. Flores de Otero Supreme Court of the United States June 17, 1976 426 U.S. 572 96 S.Ct. 2264

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

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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

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.

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

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

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

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

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

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Scales v. U.S. Supreme Court of the United States June 05, 1961 367 U.S. 203 81 S.Ct. 1469 Screws v. U.S. Supreme Court of the United States May 07, 1945 325 U.S. 91 65 S.Ct. 1031

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

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

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US Supreme Court in US Supreme Court No. 10-1521

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What is happening here is that David Derringer is “imprisoned” in a foreign county; that being the State of New Mexico; that has taken all rights, immunities and privileges in Constitutional rights, all due process and equal protection of law, and the “Sovereign Citizenship” guaranteed to David Derringer under the Declaration and Bill of Rights, including defying all of the NM Constitution and statutory scheme as well. Article 2, Section 6 of the New Mexico State constitution was amended to say, "No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."

This, effectively is denying, trampling, disregarding, and discharging all rights as a United States citizen, making David Derringer an “alien” to the United States without rights to exercise any Amendment, and persecuted when such rights are exercised, (SEE: USC Title 18 Sections 241, 242) making David Derringer without a country, and yet without “diplomatic” or other immunity to enforce the Constitution. The “corporation” of government, still demands conformity, payment of taxes, fees, and executes “intimidation”, “threats of incarceration”, illegal “conviction” of criminal harassment without any due process or jurisdiction and extreme illegal acts without law.

Hence, David Derringer has every right to deny and withdraw any consent to be subject to any past, present and future “contracts” under Color of Law, Statutes, Ordinances, Regulations or Customs (Executive Orders) pursuant to “under protest” and “without prejudice” and both preserve and retain all Constitutional rights pursuant to U.C.C. 1-308. § 1‑308(a)(b).

Performance or Acceptance Under Reservation of Rights.

(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are sufficient.

(b) Subsection (a) does not apply to an accord and satisfaction.

David Derringer has been denied Constitution, Declaration of Independence, the Bill of Rights and persecuted as a United States Citizen, as in this matter of forcing litigation without legal served summons, “convictions” of criminal harassment with 30 day sentence in County with the same judge acting illegally in the CIVIL proceedings, and “thousands” of atrocious judicial acts in the Addendum. Boddie v. Connecticut Supreme Court of the United States March 02, 1971 401 U.S. 371 91 S.Ct. 780. Clearly, there is no binding contract with the United States requiring David Derringer to “perform” in regard to taxes, fees, licensing or any other requirements. Under “immunity” even other “aliens” that are diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the Constitutional laws of the United States of America as a Sovereign citizen, wherein the judicial fraud has stripped David Derringer of all “human rights” pursuant even of the Geneva Convention. Pursuant to U.C.C. 1-308 grants David Derringer the following relief:

Not a promise to appear and vitiates perjury.

Enforces the Right to contract and the right to compromise an unconscionable contract.

Reserves all applicable Bill of Rights and Article III judicial Power and the Declaration of Independence [1].

"Criminal intent" must be brought forward to proceed.

Separation of Powers.

All Constitutional terms dealing with contracts, judicial and taxes.

Reserves "personam" jurisdictional issues.

Estoppel of subject matter only jurisdiction, and summary Admiralty.

Non‑assumpsit.

Habeas Corpus.

Activating clause for police power at "probable cause."

Disrupts Penumbra Doctrine.

Confession and avoidance.

When Miranda is presented for signature David Derringer can reserve rights on this instrument by not becoming in personam at Rule 12 (b).

Rights to remain silent under the 5^th Amendment.

The “right to remain SILENT” reservation will only will command David Derringer to Justice and due process and equal protection of law afforded to me under the 4^th, 5^th and 14^th Amendments.

The Declaration of “Without Prejudice” UCC 1‑308 above any signature of David Derringer not only puts a condition on an unconditional contract, but also reserves all rights under Article III Judicial. Police power is void unless "crime" and probable cause exist.

"An unconstitutional statute, or writing, such as the illegal Order of Protection, though having the form of law, is in reality, no law and imposed no duties, confers no rights, creates no office, bestows no power on anyone and justifies no actions performed under it." Am. Jur. 2d Sec. 256.

The graduated income tax, is unconstitutional as I declare it’s "color of law," "without Prejudice" to David Derringer.

There is no waiving any of any Bill of Rights.

Any and all of David Derringer’s signatures are to be construed as a reservation and protection and preservation of all rights, immunities and privileges under Constitution and Amendments and thereby make all instruments singed whether by force, coercion or threats to be "non‑assumpsit." [2].

"But whenever the Judicial Power is called into play. It is 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).

David Derringer could have only been taken to a Grand Jury for indictment under Article III if there is criminal intent and Judge Hadfield had no jurisdiction to Order a conviction of “criminal harassment” and sentence David Derringer to 30 days, and the NM Court of Appeals was without jurisdiction to “re-write” the perceived intent of the trial court as “sanctions and contempt”.

The 5th Amendment states; "No person shall be held to answer for a capitol or otherwise infamous crime, unless on presentment of a Grand Jury." If there is no victim and criminal intent, there is no crime.Ferry v. Taylor, 33 Mo. 323; Durgin v. Somers, 117 Mass 55, Molyneaux v. Collier, 13 Ga. 406.

CONCLUSION

Petitioner, David Derringer has been singled out as a targeted individual, due to exposing judicial and state public corruption, exposing cocaine drug trafficking intertwined with the justices, attorneys and public political figures of New Mexico, and the judicial corruption, “judicial terrorism” against any that might expose their RICO ACT violations, the judicial bribery occurring, the judicial fraud, deprivation of Constitution, violations of Oath, and sedition and treason that make up the racketeering going on in the State of New Mexico, and has mis-used judicial power to “imprison” David Derringer and ruin the life of David Derringer for a period of over 20 years. In these matters there was never any “jurisdiction or judicial capacity” in “fundamental error”.

No legal service of summons
No due process and equal protection
Constitutional violations and persecution for using Constitutional rights
Judicial refusal to recuse for cause
Judicial refusal to recuse peremptory under NMSA 38-3-9
Judicial refusal to recuse and change venue under NMSA 38-3-3
Violations of all case laws, including all case laws determined by the US Supreme Court.
Refusal to allow filing in both State and Federal Courts to cover up judicial corruption and persecute a pro-se party, and refusal to allow Title 1983 action valid against a “judge”.
Civil trial judge rendered criminal conviction “harassment” (same judge) outside of any due process or equal protection, while NM Court of Appeals covered up criminal judicial fraud by “re-writing” trial court “meant sanctions and contempt”.
Judicial criminal bribery and conspiracy involved in this entire matter of “judicial fraud”.

When no legal summons was served in DV-12-234 extending into the corruption of DM-12-610 totally intertwined there was no jurisdiction or judicial capacity in fundamental error to continue all of the “shock the conscience acts” that followed of Constitutional deprivations, due process and equal protection violations, intimidation, destruction of court records, tainting court records, blocking appeals, criminal acts of robbery and larceny of court pleadings, obstruction of justice and “conspiracy against rights” and “deprivation of rights under color of law” with underlying “judicial bribery” from a corporation employer of Barrie Derringer and an unethical attorney that has since been disbarred over a similar matter of corruption. As David Derringer’s (Plaintiff’s) civil suits of the torts done against him are also intertwined with the corruption of DV-12-234 and DM-12-610 in CV-12-1307 and CV-12-10816, it followed the judicial bribery of Judge Alan Malott to “imprison” David Derringer to his controlling courtroom by not allowing the NM statutory laws to be exercised in peremptory excusal or change of venue so as to force the “imprisonment” of David Derringer, take all David Derringer owns and subject him to homelessness and destitution, trying to stop David Derringer from pursuing legal litigation that exposed what corruption has occurred. Just as the past forced exodus by David Derringer of his legal ranch by the same corruption at the gunpoint of automatic weapons of a Juarez, Mexico drug cartel with an illegal use of force by the SWAT team, without any “identification”, protected by the 10^th Circuit and the judicial fraud of allowing Defendant Judge Cynthia Fry to preside illegally in NM Ct. App. No. 27,127, the 10^th Circuit comes again in judicial fraud outside of jurisdiction to protect Judge Alisa Hadfield when David Derringer attempts a legal Civil Rights suit against a judge working well outside of both jurisdiction and judicial capacity; hence the 10^th Circuit US District Court also totally intertwined with the “conspiracy against rights” and “deprivation of rights under color of law”; the combined power of the State of New Mexico and the 10^th Circuit leaving no avenue of escape or legal redress for David Derringer “imprisoned” in the public corruption as a “whistleblower” that has legally fought and exposed what is happening here against the “American Republic”.

REQUEST FOR RELIEF

David Derringer is legally entitled to be “released from imprisonment” of the public corruption of New Mexico and granted restitution and redress by the following:

1. Order all Constitutional and Amendment rights restored in full for David Derringer including, but not limited to “sovereign citizenship” not subject to any governmental contractual obligations of which David Derringer denies and refuses under UCC 1-308(a)(b). David Derringer is not to be subject to any past, present and future “contracts” under Color of Law, Statutes, Ordinances, Regulations or Customs (Executive Orders) pursuant to “under protest” and “without prejudice” and both preserve and retain all Constitutional rights pursuant to U.C.C. 1-308.

2. Order “diplomatic immunity” of the State of New Mexico for Constitutional protections afforded in rights, immunities and privileges of a “sovereign citizen” of the United States of America, wherein the State of New Mexico has denied all Constitution, NM Constitution, US Code, NM Statutes, and all case laws against David Derringer, not further subjecting David Derringer to any authority of the State of New Mexico, having acted in a manner seceding the Union in violation of the Supremacy Clause.

3. Order return of the real property of the David Derringer 40 acre ranch taken without due process and equal protection in “fraud” and the return of all personal property illegally taken and detained including, but not limited to the “personal property” of deeded water, timber and mineral rights, and the 8 years of deprivation of such water value illegally used to amount to provable required restitution of $5,500,000.00, plus punitive and exemplary damages against Mick Chapel and the State of New Mexico.

4. Order a complete dismissal of DV-12-234 and rel. intertwined DM-12-610 without any service of summons, in Constitutional deprivations and without any due process and equal protection along with all appeals and subject matter, “WITH PREJUDICE”.

5. Order an original “trial de novo” of all original issues of both CV-12-1307 and CV-12-10816 in front of an impartial justice, in a court of venue for justice to be served.

6. Order a complete DOJ investigation of all members of the judiciary of the State of New Mexico and of the US District Court 10^th Circuit in any and all cases involving David Derringer, past and present, and investigation and criminal prosecution of “conspiracy against rights” and “deprivation of rights under color of law”.

7. Order restitution and compensation of $100,000,000.00 dollars from Barrie Derringer, Alain Jackson, Commissioner Cosgrove/Aguilar, Judge Alisa Hadfield, Judge Alan Malott, Judge Cynthia Fry, and the State of New Mexico for deprivation of Constitutional rights, illegal “imprisonment” to a conspiracy of public corruption, payable to David Derringer immediately.

8. Order all federal funds stopped to the State of New Mexico for violations of Civil, Human, and Constitutional right deprivations to New Mexico citizens in total violation of the Constitution Supremacy Clause of Article VI.

9. Order that David Derringer is entitled to restoration, compensation, and lifetime immunity to further governmental persecution by the United States or the State of New Mexico, and declare that David Derringer is a “sovereign citizen” of the United States of America with inherent rights, privileges, and immunities in accordance with all “human rights” of freedom and liberty.

10. Any other and just punishment, sanctions, and disciplinary actions against any and all that are involved in any past and present Constitutional deprivations against David Derringer, including involved attorneys and others subject to the jurisdiction of the US Supreme Court, and any other and further relief, compensation and restitution to be awarded to David Derringer for ruining over 20 years of the life of David Derringer, with such deprivations and stress causing both cancer and heart attacks detrimental to life, liberty and the pursuit of happiness of David Derringer.

Respectfully submitted by___________________________________________

David Derringer

Box 7431

Albuquerque, New Mexico 87194

CERTIFICATE OF SERVICE

I hereby certify that in forma pauperis I caused eleven (11) true and correct originals of the forgoing Petition to be sent first class mail on the ___^th day of January, 2015 for filing to:

The Supreme Court of the United States

1 First Street, N.E.

Washington, DC 20543

I hereby further certify that I caused a true and correct original of the forgoing Petition to be sent via first class prepaid mail to:

New Mexico Supreme Court

Box 848

Santa Fe, New Mexico 87504

Attorney General Gary K. King

111 Lomas Boulevard Northwest

Albuquerque, NM 87102

By:_______________________________________

David Derringer Pro-Se

VERIFICATION

STATE OF NEW MEXICO )

) ss.

COUNTY OF BERNALILLO )

I, David Derringer, being first duly sworn, upon my oath state that I have knowledge and have read the foregoing Petition for Habeas Corpus and know the contents thereof, and that the statements contained therein are true to my knowledge, except for those statements made on information and belief, which I believe are true.

David Derringer

SUBSCRIBED AND SWORN to before me on January ____, 2015 by David Derringer.

________________________

NOTARY PUBLIC

(Seal)

My Commission Expires: _________

[1] Consent of Authority in the Declaration of Independence and the Law

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed”..The term “consent of the governed” is We The People” a.k.a. American Republic. “Unalienable”: Incapable of being alienated, that is sold and transferred” Black’s Law Dictionary, Sixth Edition, page 1523. You cannot surrender, forced into oppression, subjected to tyranny, or sell or transfer unalienable rights as they are a gift from the creator to the individual and can not under any circumstances be either surrendered or taken. The due process clauses of the 4^th, 5^th and 14^th Amendments protect the unalienable liberty recognized in the Declaration of Independence rather than the particular rights or privileges conferred by specific laws or regulations. Sandin v. Conner, 515 US 472 ‑ 1995 ‑ United States Supreme Court ‑ Cited by 8158.

[2] Black's. Non‑assumpsit. The general issue in the action of assumpsit; being a plea by which the defendant avers, "he did not partake" or promise as alleged.