Sunday, July 21, 2013

fraud in the courts



IN THE COURT OF APPEALS
OF THE STATE OF NEW MEXICO

New Mexico Court of Appeals No. 32,326
Second Judicial District Court No. DV-12-234
Rel. DM-12-0610

BARRIE LEE DERRINGER,                                                              
            Appellee/Petitioner,
v.

DAVID BRIAN DERRINGER,
            Appellant/Respondent,

APPELLANT'S TIMELY MOTION FOR REHEARING UNDER NMRA 12-404 OF THE DENIAL OF JULY 15, 2013 OF THE JULY 8, 2013 EMERGENCY APPELLANT’S MOTION FOR ORDER TO STOP ILLEGAL JURISDICITON AND OBSTRUCTION OF JUSTICE OF THE TRIAL COURT OF
JUDGE ALISA HADFIELD, AND PROPER NOTICES OF “FRAUD”
THAT MANDATE REVERSAL OF NO. 32,326 AND NO. 32,587 UNDER NMRA RULE 1-060

COMES NOW the Appellant/Respondent Pro-Se with his Motion as stated above.
            This matter denied has every bearing on No. 32,326 and now the new forced appeal of No. 32,982; all over issues in jurisdictionally defective DV-12-234.[1] Federalist No. 78 by Alexander Hamilton ; Nixon v. Fitzgerald, 457 US 731, 763 (1981) by Chief Justice Burger, “when litigation processes are not tightly controlled-and often they are not-they can be and are used as mechanics of extortion. Ultimate vindication on the merits does not repair the damage.” In the United States of America there can be no greater atrocity performed by a judge, outside of jurisdiction and judicial capacity, but executing egregious acts on the bench against the Respondent, of the destruction and concealment of court public records, and blocking appeals. Anderson v. Martin, (1964) 375 US 399, 11 L.Ed.2d 430, 84 S Ct 454 “In determining whether state action violates equal protection clause of 14th Amendment where private action is also involved, crucial factor is interplay of governmental and private action.” In this matter trial Judge Alisa Hadfield has prevented filing of legal court papers of both DV-12-234 and DM-12-610,  confiscated court pleadings meant for legal filing of public court record, and concealed and destroyed such papers, including denial of filing of the “docketing statement” of other outrageous acts of DV-12-234 before filing with the court to prevent filing, and to deliberately block appeals to the NM Court of Appeals, and to mis-direct and corrupt the court record so that any appeal taken would be skewed.[2] Wilson & Co. v. Banque Francaise du Mexique, 124 Misc. 690, 208 N.Y.S. 213, N.Y.Sup., June 11, 192 Filing or court record. Filing of papers with court clerk is condition precedent to jurisdiction of court, and court cannot make order nunc pro tunc to cure such jurisdictional defect. The blocking of the court filings of DV-12-234 are to keep from public court record the egregious acts in April 2013 of violating and denying the 1st Amendment against David Derringer due to David Derringer posting the public court records showing blatant public corruption of Commissioner Cosgrove/Aguilar and Judge Hadfield on the Internet (an entirely legal act under the 1st Amendment) ; the threats and intimidation to prevent such exercise of 1st Amendment rights by illegally sentencing David Derringer to 30 days in jail if he does not stop exposing the public corruption to the world, and blatant violations in such rulings of the New Mexico Court of Appeals in cases (NO. 24,101), (NO. 27,959), (NO. 30,380), (NO. 30,591), (NO. 31,303), and (NO. 32,271).
            The apparent motives of Judge Hadfield are numerous, and this has been going on since the onset of both DV-12-234 and DM-12-610 making both cases defective in “fraud” and each mandated to be dismissed. United States v. Guest, 383 US 745 (1966); Griffin v. Breckenridge, 403 US 88 (1971) Footnote[ 101] 383 US 787 (1966) due process clause, Footnote [102] equal protection clause, Footnote [103] Sec. 5 empowers Congress to enact laws punishing all conspiracies to interfere with the exercise of Fourteenth Amendment Rights, whether or not state officers or others acting under the color of state law are implicated in the conspiracy.” This constitutes a "tort" and a criminal act by Alisa Hadfield not acting in judicial capacity as “Judge Hadfield” but mis-using government position to affect the outcome of a case by subversive acts under the New Mexico's Abuse of Privacy Act. Section 30–12–1(C). Federalist No. 47 by James Madison; The Abuse of Privacy Act, among other things, prohibits interference with certain types of electronic communications, including “reading, interrupting, taking or copying any message, communication or report intended for another by telegraph or telephone without the consent of a sender or intended recipient thereof.” The actions involved here are disturbance and tampering with the court records of BOTH DV-12-234 and DM-12-610 of which these two cases are also inexplicably intertwined and inseparable, regardless of whether or not they were not consolidated, as they could not have been being initially in different court systems. Since both open court orders and written court orders of DM-12-610 verify and use as foundation all orders of DM-12-234, the two cases are Siamesed and connected at the hip and cannot be separated at any time, regardless of only some other different issues of DM-12-610. The underlying DV-12-234, that has been defective without service of summons since the beginning, has been continuing with the trial court outside of jurisdiction after the Notice of Appeal [3], and when the Respondent David Derringer went to file his docketing statement for other illegal Orders (clearly these could not have been issued with the jurisdiction in NM Ct. App. No. 32,326), Judge Hadfield kept David Derringer from filing his docketing statement for further appeal that was docketed as NM Ct. App. No. 32,982. It is totally irrational that the NM Court of Appeals will entertain appeal after appeal of outrageous acts of the underlying trial courts, taking use of public funds and time, rather than force the trial justices to comply with existing laws, or mandate deviant justices be removed from the bench under NM Ct. App. justices’ mandates under Canon 3(D)(1).  This Judge Hadfield fraud is directed not only at David Derringer, but against the State of New Mexico with mis-use of power of a judge to conduct activities for others outside of the law. "Fraud upon the court embraces only that species of fraud which does or attempts to defile the court itself or which is perpetrated by officers of the court so that the judicial system cannot perform in a usual manner. Jemez Properties, Inc. v. Lucero, 94 N.M. at 184 n. 1, 608 P.2d at 160 n. 1. "Fraud upon the court occurs where there is a deliberately planned and carefully executed scheme to defraud the court". See Hazel–Atlas Glass Co. v. Hartford–Empire Co., 322 U.S. at 246, 64 S.Ct. at 1001. It is easily seen here that despite legal actions taken against Judge Hadfield to stop the corruption, she ignores both statute and Canon and the Rules of Civil Procedure to continue. SCRA 1986, 1-088.1(D) “No district judge shall sit in any action in which his impartiality may reasonably be questioned under the provisions of the Constitution of New Mexico or the Code of Judicial Conduct, and shall recuse himself in any such action.” David Derringer has properly motioned Judge Hadfield 6 times to recuse for cause and she entertains the motions herself, refuses to obey NMRA Rule 1-088.1 and Title 28 Section 455, and also refuses to allow such motions to be heard by another disinterested judge.[4] Flagg Bros., Inc V Brooks, (1978) 436 US 149, 56 L.Ed.2d 185, 98 S. Ct 1729, 23 UCCRS 1105 “Involvement of state official may provide state actions essential to show direct violation of petitioner’s 14th Amendment rights, whether or not official’s actions were officially authorized or lawful.” David Derringer has filed a Motion for Change of Venue under NMSA 38-3-3 mandating the venue be changed or hearing held, and requested this motion be heard by a different judge than Judge Hadfield. Instead of obeying the New Mexico State statutes enacted by Legislature, Judge Hadfield refuses to grant a change of venue, disregards and denies the mandates of a hearing, and hears the motion herself; clearly, adamantly and tenaciously holding on to both DV-12-234 and DM-12-610 by the already consummated bribery contracts with whomever who expect their delivery of service. Judge Hadfield simply will not allow herself to be disqualified. A. Borrego v. El Guique Community Ditch Assoc., 107 N.M. 594, 762 P.2d 256 (1988) “A judge has no jurisdiction after having been disqualified.” David Derringer has rendered 7 Judicial Standards Complaints against Judge Hadfield showing the violations of Constitution, law and Oath. The acts here by Judge Hadfield and accomplices under her direction reveals a deliberate scheme to defraud the court; they committed fraud upon the court. Judge Hadfield’s actions against all laws seem to stem from a personal corruption, and circumstantial evidence that is numerous and extreme point directly to the bribery of this judge by the muti-million dollar international Corporation NAI Maestas and Ward Commercial Real Estate Corporation, that owns, leases, and controls most of the real estate in the large city of Albuquerque and surrounding areas. Note that Petitioner Barrie Derringer is the “accountant” of this corporation and the CEO’s of this corporation have done criminal assault and battery, conversion, alienation of affection, loss of consortium, and interference with a legal marriage contract against David Derringer, with respective suits David Derringer v. NAI Maestas and Ward et al in consolidated CV-12-1307 and CV-12-10816, of which in those suits the private tort actions against Barrie Crowe aka Barrie Derringer, Barrie is represented by the Maestas corporate attorney law firm. Many “contributions” are rendered by this corporation of a judicial and political nature as well as great pressure and influence with many persons in governmental service. When this court realizes that all matters of DV-12-234 and DM-12-610 have been decisions made against the Respondent and each of those decisions has been based on actions against all laws of Constitution, US and New Mexico statutory laws, defiance of all former case laws, this court under mandates of Canon 3(D)(1) must take action to stop this mayhem of the judicial system by a judge violating Oath, Canon, Code of Judicial Conduct and indeed sedition and treason against the United States of America. This instant court in the past and present berates the Appellant for telling the truth under NMRA Rule 1-090 and accuses the Appellant of being “vexatious” when writing of distasteful but true allegations of public corruption in the judicial system of New Mexico under mandates and rights under NMRA Rule 11-504. Distasteful as the truth of what is happening here, this court must deal with the truth and stop actions that are against justice and against the very integrity of the judicial system. Canon: “Our legal system is based on the principle that an independent, fair, and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to American concepts of justice and the rule of law. Intrinsic to all sections of this Code are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system. The judge is an arbiter of facts and law for the resolution of disputes and a highly visible symbol of government under the rule of law.” In this matter of the trial court, Judge Hadfield without jurisdiction attempts to limit and control the court record by stopping legal filings. The doctrine of Astare decisis@ as well as Oath and Canon mandate Judge Hadfield to rule according to law. In re Antar, 71 F.3d 97. ; Ennis v. Kmart Corp., 131 N.M. 32, 33 P.3d 32, 2001 -NMCA- 068, N.M.App., June 21, 2001 (NO. 20,977).
            In the underlying actions, Judge Hadfield obstructs justice to conceal public corruption by destruction of court records and blocking appeals and looking illegally at the pleadings to see what is written before she has any jurisdiction to do so. In the NM Court of Appeals in this case the justices conceal the underlying public corruption by blocking appeals in the same manner of denying filings, and attempting to be able to look illegally at the pleadings to see what is written before they have any jurisdiction to do so to force the litigant to have filings “pre-approved”, and manipulation of the “forma pauperis” status in acts of extortion and ransom for taking appeal; all in obstruction of justice and denial of due process and equal protection. US v. Anderson, 798 F.2d 919 CA7 (Ind.) 1986 “Word should in Canon..of Judicial Conduct which states that judge “should” accord to every interested person a full right to be heard, imposes mandatory standard of conduct upon judges and requires presence of both prosecuting attorneys and defendant at any proceeding which bears on outcome of pending..case.” Code of Judicial Conduct Canon 3, Subd. A(4) and C(1)(a). In this case No. 32,326, the unethical justices of the NM Court of Appeals attempt the same procedure in illegal and unconstitutional Order in April 2013 to force David Derringer to present pleadings before filing and before they have jurisdiction so as to do the same outrageous acts of deprivation of due process against David Derringer, “without jurisdiction”, and thus also want to “deny” this motion on the underlying court, while they conduct the same, exact acts of illegal distortion of court records, with a new twist of also attempting to stop David Derringer’s legal appeals by denying “forma pauperis” or selectively limiting the forma pauperis so as to stop most legal appeals; an act of criminal nature of “obstruction of justice” since David Derringer has been shown to totally qualify for forma pauperis under public assistance, which means that “all” appeals can be continued without payment of process fees, not only those appeals that the NM Court of Appeals will allow to continue, while stopping all other appeals that expose underlying public corruption. Adamson v. C.I.R. CA9 1984, 745 F.2d 541 “Federal Courts cannot countenance deliberate violations of basic Constitutional rights; to do so would violate judicial oath to uphold Constitution of United States.”; Martinez v. Carmona, 624 P.2d 54, 95 N.M. 545 writ quashed 624 P.2d 535, 95 N.M. 593 “N.M. Court of Appeals 1980 Judge may be disqualified for statutory, constitutional, or ethical cause-Code of Judicial Conduct, Canon 3 Subd. A, Constitution Article 6, Section 18.”
1.                The appeal No. 32,326 arises out of the jurisdictionally defective and in fundamental error case of DV-12-234, of which there was no summons served and waiver of service, in which the trial court will not stop actions, Orders, Judgments and hearings, despite the jurisdiction lacking because of No. 32,326. This has now forced a new appeal of the new issues of DV-12-234 done after jurisdiction ongoing of No. 32,326, necessitating new appeal of No. 32,982; all due to the discharge of duties of this court not stopping the illegal and non-jurisdictional acts of DV-12-234 without any remand yet from this court. These egregious acts of Judge Hadfield encompass denied filing of the docketing statement of new violations of DV-12-234 and blocking further appeals in “obstruction of justice” and fraud to the court. in a complete lack of jurisdiction to misuse power to effect control of a particular litigant. Mireless v. Waco, 502 U.S. 9, 116 S. Ct. 286, 112 L. Ed.2d 9 (1991). The entire “key” here to the outrageous acts of Judge Hadfield and this court’s former ruling in this case to attempt to “preview” David Derringer’s legal pleadings is a matter of “jurisdiction” and justices cannot work outside of jurisdiction; encompassing no legal ability to “preview pleadings or force a litigant to have his pleadings “approved” before filing. “A judge only has jurisdiction  over any pleading after a proper filing with the court clerk.” Wilson & Co. v. Banque Francaise du Mexique, 124 Misc. 690, 208 N.Y.S. 213, N.Y.Sup., June 11, 192 Filing or court record. Filing of papers with court clerk is condition precedent to jurisdiction of court, and court cannot make order nunc pro tunc to cure such jurisdictional defect. ; Robinson v. Sawyer, 23 N.M. 688, 170 P. 881, N.M., January 07, 1918 (NO. 2007). In effect, by Judge Hadfield keeping the clerk from filing the pleadings of David Derringer, she willfully corrupts and disturbs the court record in acts of obstruction of justice, effectively “destroying” a document that should be filed in an instant manner. US v. Kanchanalak, 37 F. Supp.2d 1.  David Derringer properly sought to be able to file his court pleading without interference or obstruction so as to perfect appeals and have in the court record trial court the necessary information on issues to preserve them for review of the future  appeal pursuant to the "scope of review" NMRA 12-216(A). Judge Hadfield bullied the court clerks by mis-use of power to intercede and steal the David Derringer documents prior to filing so as to invade David Derringer's privacy to see what David Derringer had written so as to block such information of "truth" under NMRA Rule 1-090 and "written information" under NMRA Rule 11-504 from the court record, due to such information disclosing and exposing the Constitutional violations and public corruption of the judge herself. Smith v. City of Artesia, 108 N.M. 339, 772 P.2d 373, N.M.App., March 02, 1989 (NO. 10,094) ...invasion of privacy can be maintained only by a living individual whose privacy is invaded. The right protected by the action for invasion of privacy is a personal right, peculiar to the individual whose privacy is invaded. In this matter, the information was  for the court record only, not the personal view of Alisa Hadfield, but only for view of Judge Hadfield working in Judicial capacity once the information became of court public record. This is highly offensive to the Respondent for the Judge to attack David Derringer's court pleadings with criminal acts, for a proven corrupt judge that Respondent David Derringer has sought to recuse for cause 6 times and filed 7 Judicial Standards  complaints about, and who instead has violated NMRA Rule 1-088.1.  refused to step down.  and refused to obey NMSA 38-3-3 to refuse to change the venue and keeps David Derringer "imprisoned" in her court. Jones v. Mayer Co., U.S. Supreme Court 392 U.S. 409 (1968) No. 645.;  Lee v. Calhoun, 948 F.2d 1162, C.A.10 (Okla.), November 06, 1991 (NO. 90-6013) ...invasion of his privacy, if the intrusion would be highly offensive to a reasonable person. Section 652B liability does not require publication of private matters. The invasion may consist of forced entry into a person's home, eavesdropping or spying upon a person's private affairs, or tampering with a person's private papers or mail. Jones ET UX v. Alfred H. Mayer Co. ET AL, certiorari to the United States Court of Appeals for the Eighth Circuit, No. 645.
2.                The actions challenged in the motion, as well stated above entail actions of stopping docketing statements as an ongoing appeal process, and actions taken in obstruction of justice of both DV-12-234 and totally intertwined DM-12-610; all actions of denying filings with a court clerk under mis-use of power by Judge Hadfield were meant to stop any further appeals [5] of both DV-12-234 and DM-12-610 with actions that had been taken without jurisdiction in both cases.
3.                The Respondent David Derringer filed an appeal of DV-12-610 known as NM Ct. App. No. 32,587 with fifty three (53) distinct violations of law done in the trial court, in which the NM Court of Appeals denied entirely as such underlying actions were Constitutional deprivations, bias, prejudice, bribery and other atrocious acts, making both DV-12-234 and DM-12-610 defective jurisdictionally, and instead covered up the public corruption by supporting such “known” illegal acts of the lower court particularly after the denial of the Motion for Reconsideration, and acted in discharge of law in affirmance, and issued mandate; all the while Judge Hadfield was still working in DM-12-610 without concern. There are not only federal violations to Constitutional rights and US code, but violations to the "extra protections" afforded the Respondent/Appellant under the New Mexico Constitution Article II Bill of Rights 1,4,10,17,18,and 24; in particular the Article II #6 that has entirely defeated the violation of the 2nd Amendment contained in the Order of Protection pre-formed County Order of Protection form of DV-12-234 mandating the dismissal of the case DV-12-234 under Constitutional deprivations, and since in both open court and under written order the case DM-12-610 affirms DV-12-234, DM-12-610 is in gross violation of both US and NM Constitutions and must be dismissed as “jurisdictionally defective”. Sec. 6. [Right to bear arms.] 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. (As amended November 2, 1971 and November 2, 1986) This copy is taken from the latest reprint of the New Mexico Constitution as of 2007, in current use and acceptance as a matter of law.
4.                Appellant can challenge of “jurisdiction” actions taken by a specific Judge that happens to be the same judge in both the DV-12-234 and DM-12-610 totally intertwined cases, because this particular judge works outside of jurisdiction and judicial capacity in both cases, but more importantly, illegally prevents court filings of pleadings and other court papers with the district court clerks from David Derringer in both cases of DV-12-234 and DM-12-610 preventing appeals of both cases and disrupting and tainting the court records in both cases with criminal acts of tort and obstruction of justice. Furthermore, as discussed previously in this pleading the “divorce action” is jurisdictionally defective due to Constitutional deprivations and based in “fraud” and not only must be dismissed on jurisdictional defect, but in fact without a ruling on pending motions with the New Mexico Supreme Court of the matters of the Petition for Writ of Certiorari of NM Ct. App. No. 32,587, the matter has not been resolved.
THEREFORE due to the above, case DV-12-234 is jurisdictionally defective and in fundamental error by way of lack of service of summons without waiver from Respondent David Derringer; is defective entirely with multiple Constitutional deprivations of both the US and NM Constitution; is defective without jurisdiction over David Derringer as a party or the subject matter due to lack of process, and deprivation of due process and equal protection; and has a proven basis by both Commissioner Cosgrove/Aguilar and Judge Hadfield of basic fraud of rendering decisions in legal error due to bribery and violations of Oath, Canon and the Code of Judicial Conduct; making both DV-12-234 and DM-12-610 mandated to be dismissed with prejudice without granting any divorce for Barrie Derringer. Clearly, with Constitutional deprivations and blatant “fraud” these cases must be dismissed. “The inherent power of a court to grant equitable relief from a judgment procured by fraud upon the court is beyond question.” Universal Oil Prods. Co. v. Root Ref. Co., 328 U.S. 575, 580, 66 S.Ct. 1176, 1179, 90 L.Ed. 1447 (1946); Hazel–Atlas Glass Co. v. Hartford–Empire Co., 322 U.S. 238, 244, 64 S.Ct. 997, 1000, 88 L.Ed. 1250 (1944), overruled on other grounds, Standard Oil Co. v. United States, 429 U.S. 17, 97 S.Ct. 31, 50 L.Ed.2d 21 (1976); Jemez Properties, Inc. v. Lucero, 94 N.M. 181, 184 n. 1, 608 P.2d 157, 160 n. 1 (Ct.App.1979), cert. denied, 94 N.M. 628, 614 P.2d 545 (1980). 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).
Respectfully submitted by: _______________________________
David Derringer, Box 7431, Albuquerque, New Mexico 87194
CERTIFICATE OF SERVICE            July 22, 2013
I hereby certify that I sent a  copy of this pleading to:
New Mexico Court of Appeals clerk
P.O. Box 2008
Santa Fe, New Mexico 87504

I sent a copy of this pleading to:
Attorney Alain Jackson “not of record with this court”
423, 6th, NW, Albuquerque, New Mexico 87102


[1] David Derringer was denied service of summons in DV-12-234 making it jurisdictionally defective and in fundamental error, mandating entire dismissal. David Derringer came to the hearing of February 21, 2012 due to his own filing of Petition for Psychiatric Evaluation of Barrie Derringer, not due to Petition for Order of Protection, and instantly notified the court of no jurisdiction of Petition for Order of Protection in fundamental error and that hearing could not be held. Commissioner Cosgrove/Aguilar, in abuse of law continued with the Petition for Order of Protection and disregarded and dismissed David Derringer’s Petition for Psychiatric Evaluation of Barrie Derringer; such does not grant waiver by David Derringer for lack of service of summons. Abarca v. Hanson, 106 NM 25, 738  P.2d 519 (Ct. App. 1987). In judicial abuse of discretion, Judge Hadfield has upheld this illegal DV-12-234 as the underlying foundation of DM-12-610; all with blatant Constitutional deprivations of the 1st, 2nd, 4th, 5th, 6th, 13th and 14th Amendments.
[2] State v. Reynolds, 111 NM 263, 267, 804 P.2d 1082, 1086 (Ct. App. 1990) “Matters outside the record present no issue for review”.
[3] Meeker v. Walker 80 N.M. 280, 454 P.2d 762 (1969) “From and after the filing of the notice of appeal from a judgment, the trial court was without jurisdiction to take any further step in regard to the motion to alter or amend judgment.”
[4] Title 28 Section 455(a) Any justice, judge, or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. (1 Where he has a personal bias or prejudice concerning a party
[5] In both cases of DV-12-234 and DM-12-610, Petitioner’s attorney Alain Jackson violated all provisions of the Code of Professional Conduct NMRA Rule 16-804 by requesting in pleadings and open court for deprivation of due process and equal protection against David Derringer and after several open court dialogs of asking Judge Hadfield to violate her Oath and “stop any further appeals of David Derringer”, Judge Hadfield has complied with that request by not filing orders of oral hearings, and denying David Derringer legal filings in the court including actions of “docketing statements” so as to block appeals in obstruction of justice. State ex rel. Reynolds v. McLean, 74 NM 178, 392 P.2d 12 (1964) Decision without entry of order. No appeal can be taken from announcement of district court where no order carrying  court's decision into effect was entered. Actions herein mandate Canon 3(D)(1)(2).

cover of public corruption



IN THE COURT OF APPEALS
OF THE STATE OF NEW MEXICO

New Mexico Court of Appeals No. 32,982
Second Judicial District Court No. DV-12-234
Rel. DM-12-0610

BARRIE LEE DERRINGER,                                                              
            Appellee/Petitioner,
v.

DAVID BRIAN DERRINGER,
            Appellant/Respondent,

APPELLANT'S TIMELY MOTION FOR REHEARING UNDER NMRA 12-404 OF THE ORDER ON APPLICATION FOR FREE PROCESS; ILLEGALLY LIMITING APPEAL WITHOUT JURISDICTION OR JUDICIAL CAPACITY UNDER THE PROVISIONS OF NMRA 1-060


COMES NOW the Appellant/Respondent with his motion as stated above, and under the guidelines of NMRA 1-060.
            Appellant, David Derringer is a United States citizen within the meaning of the US Constitution 5th and 14th Amendments and under the legal use of the US Code Title 42 Sections 1981, allowing David Derringer unlimited and unrestricted pro-se use of the United States court system in redress issues for justice to be served in egregious acts of the deprivation of rights under Constitution of the 1st, 2nd, 4th, 5th, 6th, 13th and 14th Amendments, and under the additional and emphatic rights under the New Mexico Constitution Article II Bill of Rights 1,4,10,17,18,and 24. David Derringer is in proven “forma pauperis” with previous actions by this very court in No. 27,127 of Judge Cynthia Fry presiding over the appeal of CV-02-19 wherein the David Derringer 40 acre solely owned ranch was illegally taken with a fraudulent claim of lien of only $110,000.00 against a property twice appraised at $400,000.00, in total violation of NMSA 39-5-5 and without any trial or due process or equal protection under any “foreclosure”, and wherein at the time of NM Court of Appeals Judge Fry presiding over the David Derringer case, she was a Defendant to David Derringer in federal court civil rights suit David Derringer v. Judge Cynthia Fry et al. CASE No. CIV-03-0804-WPJ/RHS and used her public position for retaliation, retribution and revenge of such suit to ruin the life of David Derringer.  Monroe v. Pape, 365 U.S., at 184 “Misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.” ;  In re Rochkind, 128 B.R. 520 Mich. 1991 “To use power of public office as judge to ruin another for personal gain plainly violates several provisions of the Code of Judicial Conduct Canons 1, 2, 3, 5; Such conduct may also constitute crime Canons 1-3, 5.”  Accordingly, David Derringer is not a “newbie” when it comes to knowledge of public corruption of the New Mexico court system or this NM Court of Appeals. This “public corruption” cost David Derringer his entire life and a property that took hundreds of thousands of dollars and 18 years to create, wherein David Derringer was driven from his own legal property with the gunpoint of automatic weapons on January 11, 2006, Ordered by Judge John Pope of cocaine addiction and connection with the cocaine importer/opponent Mick Chapel of Quemado, New Mexico, rendering David Derringer in the state of “forma pauperis” on public assistance in the County of Bernalillo, with the  larceny by the courts coupled with the cocaine use of New Mexico public officials leaving David Derringer without a penny from his exclusively owned ranch property. US v. Barrera-Moreno, 951 F.2d 1089; Kunkel v. US, 113 S. Ct. 417, 506 US 957, 121 L.Ed.2d 340; Ruis v. US, 113 S. Ct. 985, 506 US 1055, 122 L.Ed.2d 137 “Government’s failure to be aware of and stop use and distribution of cocaine”. This proof of public assistance mandates this court to grant free process in the appeal of No. 32,982 without “conditions” of picking and choosing merits of the appeal, and wherein until the court has jurisdiction of the case has no ability to deny any merit of the appeal under NMRA Rule 1-011; such jurisdiction only obtained after proper filing of all court papers. By this pleading, the Appellant preserves all issues in his docketing statement for further appeal. Deerman v. Board of County Commissioners, 116 NM 501, 864 P.2d 317 (Ct. App. 1993). “The judicial errors of law are noticed to the court before appeal.”; Mann v. Conlin, 22 F.3d 100, 1994 Fed App. 122P cert denied 115 S. Ct. 193, 513 US 870, 130 L.Ed.2d 126 “When Plaintiff alleges that judge acted in non-judicial capacity court relies on functional analysis to determine whether acts are protected, meaning that one must determine whether actions are truly judicial acts, or acts that simply happen to have been done by Judges.”
            In this matter, illegally the court chooses to deny appeal on the merits of deprivation of 1st Amendment rights and fraud of the lower courts, and destruction of court records in order to preserve the public corruption and protect both the Commissioner Cosgrove/Aguilar and Judge Hadfield, and yet will entertain the criminal acts of “sentencing” David Derringer in a civil matter arbitrarily turned into a criminal conviction of “harassment” under NMSA 30-3A without a criminal complaint, without a trial, without Miranda rights, without an attorney or jury, and in blatant violations of evidence; such “conviction” claimed that David Derringer invoked and exercised his 1st Amendment rights to place public documents of court pleadings on the Internet in Google blogs that exposed the public corruption of Commissioner Cosgrove/Aguilar and Judge Hadfield, and the “conviction” was in persecution and threats and intimidation for David Derringer to “shut up” and not further expose such corruption “or else” In essence, the court will entertain the retaliation and revenge of the public corruption individuals without entertaining the reasons that they threatened and intimidated the Appellant, being deprivation of Constitutional rights deemed “frivolous” by the justices covering up the underlying public corruption of DV-12-234; all of which of DV-12-234 in both lack of jurisdiction and fundament error without service of summons, without any waiver of service and in Constitutional deprivations.

            In the underlying actions of DV-12-234, Judge Hadfield obstructs justice to conceal public corruption by destruction of court records, deprivation of legal filing of court papers, and blocking appeals and looking illegally at the pleadings to see what is written before she has any jurisdiction to do so. In the NM Court of Appeals in this case the justices conceal the underlying public corruption by blocking appeals in the same manner of denying filings, and attempting to be able to look illegally at the pleadings to see what is written before they have any jurisdiction to do so to force the litigant to have filings “pre-approved”, and manipulation of the “forma pauperis” status in acts of extortion and ransom for taking appeal; all in obstruction of justice and denial of due process and equal protection. US v. Anderson, 798 F.2d 919 CA7 (Ind.) 1986 “Word should in Canon..of Judicial Conduct which states that judge “should” accord to every interested person a full right to be heard, imposes mandatory standard of conduct upon judges and requires presence of both prosecuting attorneys and defendant at any proceeding which bears on outcome of pending..case.” Code of Judicial Conduct Canon 3, Subd. A(4) and C(1)(a). In this case No. 32,982, the unethical justices of the NM Court of Appeals attempt the same procedure in illegal and unconstitutional Order in April 2013 of No. 32,326 to force David Derringer to present pleadings before filing and before they have jurisdiction so as to do the same outrageous acts of deprivation of due process against David Derringer, “without jurisdiction”, and yet deny exposure of this action in No. 32,326, of the underlying court, while they conduct the same, exact acts of illegal distortion of court records, with a new twist of also attempting to stop David Derringer’s legal appeals by denying “forma pauperis” or selectively limiting the forma pauperis so as to stop most legal appeals; an act of criminal nature of “obstruction of justice” since David Derringer has been shown to totally qualify for forma pauperis under public assistance, which means that “all” appeals can be continued without payment of process fees, not only those appeals that the NM Court of Appeals will allow to continue, while stopping all other appeals that expose underlying public corruption. Adamson v. C.I.R. CA9 1984, 745 F.2d 541 “Federal Courts cannot countenance deliberate violations of basic Constitutional rights; to do so would violate judicial oath to uphold Constitution of United States.”; Martinez v. Carmona, 624 P.2d 54, 95 N.M. 545 writ quashed 624 P.2d 535, 95 N.M. 593 “N.M. Court of Appeals 1980 Judge may be disqualified for statutory, constitutional, or ethical cause-Code of Judicial Conduct, Canon 3 Subd. A, Constitution Article 6, Section 18.”. In this matter, the court selectively uses forma pauperis for a part of the appeal and hold the underlying merits in ransom and uses extortion to attempt to block the appeal without payment of fees that the court knows are impossible under the forma pauperis conditions. US v. Guest, US Ga. 1966, 86 S.Ct. 1170, 383 US 745, 16 L.Ed.2d 239 “This section (Title 18 Section 241) pertaining to conspiracy against rights of citizens encompasses due process and equal protection clauses of USCA Constitution Amendment 14 and is not unconstitutionally vague.” This form of “ransom” and “criminal extortion” of legal appeal constitutes “fraud” of the courts. “Fraud upon the court embraces only that species of fraud which does or attempts to defile the court itself or which is perpetrated by officers of the court so that the judicial system cannot perform in a usual manner.” Jemez Properties, Inc. v. Lucero, 94 N.M. at 184 n. 1, 608 P.2d at 160 n. 1. “Fraud upon the court occurs where there is a deliberately planned and carefully executed scheme to defraud the court, not simply a judgment obtained with the aid of a witness whose perjury is revealed by after-discovered evidence”. See Hazel–Atlas Glass Co. v. Hartford–Empire Co., 322 U.S. at 246, 64 S.Ct. at 1001. The attempt to limit an appeal and selectively apply forma pauperis, while holding the main appeal in ransom and extortion is “fraud upon the courts” and criminal obstruction of justice within the meaning of US Code Title 18 Section 1503, as well as a “conspiracy against rights” and “deprivation of rights under color of law” as of US Code Title 18 Sections 241 and 242. 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 “Statute prohibiting conspiracy to interfere with rights secured by Constitution or laws of United States incorporates prohibition of involuntary servitude contained in Thirteenth Amendment.” Since the New Mexico Constitution Bill of Rights II states implicitly under (1) that the State of New Mexico is an inseparable part of the Federal Union and the United States Constitution is the law of the land, these justices have no legal ability to limit David Derringer’s appeal process or issues. As this NM Court of Appeals intends to circumvent the US Constitution Article VI and control an area of law already controlled by Constitution; that being rights to use the United States courts under the parameters of due process and equal protection and under the US Code Title 42 Section 1981 with “restrictions” and required “approval” prior to legal filing of pleadings and other court papers, the Oath of such justices has been violated and sedition and treason has occurred attempting to limit the David Derringer appeal and to pick and choose what issues that David Derringer can appeal from under a forma pauperis status. This egregious mis-use of power defies the Canon mandates of “opportunity to be heard” and the Code of Judicial Conduct and is highly illegal under the “Supremacy Clause” of Article VI. On June 6, 2005, the United States Supreme Court ruled that.. The Supremacy Clause unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail...” in Gonzales v. Raich, No. 03-1454 SEE United States v. Colorado Supreme Court, No. 98-1081, 10th USCA, where the court upheld that “ the [rule] violated the Supremacy Clause by attempting to regulate an area of federal law controlled. Dismissing the need to characterize the rule as either  procedural or ethical, the court stated, ‘for purposes of determining whether [the rule] violates the Supremacy Clause, it matters not at all what the Board or Baylson choose to call it. What matters is whether the substance of [the rule] actually conflicts or is incompatible with federal law.’ The [rule] “does not suddenly become consistent with Fed. R. Civ. P. 17 as a state rule of professional conduct” “The Court held that the rule’s judicial approval requirement violated the Supremacy Clause because it was incompatible with the federal rules of criminal procedure”. In the same manner, for this court to mis-use ‘rule 11' to persecute David Derringer and require “approval” prior to filing is absolutely in violation of the Supremacy Clause and persecution for David Derringer exercising his Constitutional and statutory rights to protect his rights and legal ability to “appeal”. “Rule 11 cannot be used for extortion, ransom and “frivolous” deprivation of rights to appeal, meant for “cruel and unusual punishment” and “oppression” and “tyranny” against David Derringer. See also the parameters set forth in mis-use of a rule in Stoneking v. Bank of America, 132 NM 79, 43 P. 3d 1089. “Under Article VI of the Constitution, the laws of the United States “shall be the supreme law of the land..any thing in the Constitution or laws of any State to the contrary
Unless it is the position of this court that the instant case possesses such unique qualities that the US Constitution and the NM Constitution are meaningless and the Oath of office is merely a ruse to gain a position of justice only to defy laws and persecute pro-se persons exposing underlying public corruption, and that the Constitution and Federal law Title 42 Section 1982 providing rights to Derringer to own, control and possess his personal property  of court papers prior to filing have no purpose, it is clear that the court here has acted maliciously and in abandon of all Derringer’s rights for proper appeal and redress for underlying issues of 1st Amendment Constitutional deprivations and the underlying acts of destruction of court records. Bank of Nova Scotia v. US, 108 S. Ct. 2369, 487 US 250, 101 L.Ed.2d 228 on remand US v. Kilpatrick, 726 F. Supp. 789 “Even a sensible and efficient use of supervisory power by federal court is invalid if it conflicts with constitutional or statutory provisions.” It is then abundantly clear that the mis-use of a court Rule NMRA Rule 1-011 does not supersede the Constitutions and cannot be used to claim that deprivation of Constitutional rights is a “frivolous” matter, or that any justice can use extortion and ransom to prevent and regulate the right to appeal, nor to punish and vindictively persecute David Derringer as a targeted individual under violations of the 13th Amendment. Notwithstanding the arguments raised on appeal by each party, we believe that it is the record of this case that demands our attention. The inherent power of a court to grant equitable relief from a judgment procured by fraud upon the court is beyond question. Universal Oil Prods. Co. v. Root Ref. Co., 328 U.S. 575, 580, 66 S.Ct. 1176, 1179, 90 L.Ed. 1447 (1946); Hazel–Atlas Glass Co. v. Hartford–Empire Co., 322 U.S. 238, 244, 64 S.Ct. 997, 1000, 88 L.Ed. 1250 (1944), overruled on other grounds, Standard Oil Co. v. United States, 429 U.S. 17, 97 S.Ct. 31, 50 L.Ed.2d 21 (1976); Jemez Properties, Inc. v. Lucero, 94 N.M. 181, 184 n. 1, 608 P.2d 157, 160 n. 1 (Ct.App.1979), cert. denied, 94 N.M. 628, 614 P.2d 545 (1980).
Since the NM State Constitution is in congruence with the US Constitution, it is only the judges here that violate laws for end purposes of singling out a particular individual to deprive rights. In determining whether federal law preempts state law, we assess whether the state law actually conflicts with the federal law or interferes with the purpose of the federal law. See Ray v. Atl. Richfield Co., 435 U.S. 151, 158, 98 S. Ct. 988, 55 L. Ed. 2d 179 (1978). The Oath has been rendered meaningless in this instance, for abuse of discretion to deny an appeal. Federalist No. 47 by James Madison, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. This court believes that if such an order is not contested, it can be referred to as “case law” even in egregious error of Constitutional deprivations and held against David Derringer. However, this matter is preserved for further appeal to the New Mexico Supreme Court and to the United States Supreme Court as needed. Nixon v. Fitzgerald, 457 US 731, 763 (1981) by Chief Justice Burger, “when litigation processes are not tightly controlled-and often they are not-they can be and are used as mechanics of extortion. Ultimate vindication on the merits does not repair the damage.” Just because the justices here want to limit David Derringer’s appeals, just as the Petitioner and attorney asked and received Judge Hadfield to “block and prevent further appeals” does not give the justices the legal right to do so. Baker v. Horn, 201 Supp.2d 592 “Fact cannot become of record solely by virtue of its inclusion in trial court’s opinion.” Each justice “swore to God” to uphold the US and New Mexico Constitutions and clearly those Constitutions do not enable any justice to force David Derringer to apply for permission to file pleadings or allow any justice to preview any pleadings before taking jurisdiction upon legal filing, and such Oath has been blasphemed by the justices involved. In re Aquinda, 241 F.3d 194 “Presumption exists that a judge will put personal beliefs aside and rule according to the laws as enacted, as required by his or her Oath. 28 USCA 455(a)”. The NM Court of Appeals justices involved here have violated the Constitution and made outrageous demands and attempt to force David Derringer to succumb to their acts outside of both jurisdiction and judicial capacity. Clearly, David Derringer can have his appeal of DV-12-234 of all merits of the case since the last appeal taken, without restrictions or hoops to jump through, just as any other citizen represented by attorney. Adamson v. C.I.R. CA9 1984, 745 F.2d 541 “Federal Courts cannot countenance deliberate violations of basic Constitutional rights; to do so would violate judicial oath to uphold Constitution of United States.”
The Order on Application for Free Process of July 11, 2013 is “fraudulent” under Constitution and unenforceable under NMRA Rule 1-060 illegally limiting the appeal of David Derringer and denying both due process and equal protection and must be rescinded in its entirety, and Order issue that grants forma pauperis for the entire appeal of DV-12-234 without restrictions of any kind. In re Williamson, 43 BR 813 “An oath   is an affirmation of truth of a statement, which renders one willfully asserting an untruth punishable for perjury.” 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).
Respectfully submitted by: _______________________________
David Derringer, Box 7431, Albuquerque, New Mexico 87194
CERTIFICATE OF SERVICE            July 22, 2013
I hereby certify that I sent a  copy of this pleading to:
New Mexico Court of Appeals clerk
P.O. Box 2008
Santa Fe, New Mexico 87504

I sent a copy of this pleading to:
Attorney Alain Jackson “not of record with this court”
423, 6th, NW, Albuquerque, New Mexico 87102

Thursday, July 18, 2013

clerk filing and corruption



IN THE COURT OF APPEALS
OF THE STATE OF NEW MEXICO

New Mexico Court of Appeals No. 32,326
Second Judicial District Court No. DV-12-234
Rel. DM-12-0610

BARRIE LEE DERRINGER,                                                                      
            Appellee/Petitioner,
v.

DAVID BRIAN DERRINGER,
            Appellant/Respondent,

APPELLANT'S TIMELY MOTION FOR REHEARING UNDER NMRA 12-404 OF THE DENIAL WITHOUT REASONING  OF THE EXTREME EMERGENCY APPELLANT’S MOTION FOR ORDER TO COMPEL ALL COURT CLERK FILING, DUE PROCESS AND EQUAL PROTECTION AND JURISDICTION

COMES NOW the Appellant/Respondent Pro-Se with his Motion as stated above.
The issues of the underlying motion have been denied without explanation, reasons or cited authorities over underlying egregious act  of obstruction of justice, conspiracy against rights, deprivation of rights under color of law, violations of jurisdiction and judicial capacity, violations of Judicial Oath, Canon, the Code of Judicial Conduct, violations  of rights to privacy, intimidation and threats of incarceration for exercise of Constitutional rights, violation of rights to personal property, destruction and concealment of public records, tampering with public records of court documents and other associated outrageous acts performed by underlying trial Judge Hadfield meant to block appeals, corrupt the court records and deny due process and equal protection. “At a minimum, the district court must listen to a party’s arguments and give reasons for its decision.” Schwarz v. Folloder, 767 F.2d 125 (5th Cir. 08/01/1985). All of these matters are hardy "frivolous matters" but extreme abuse and acts that should shock the conscience of any American, and that destroy and disrupt the very foundation of the legal judicial system of our American government.  “This Court previously has recognized–even with respect to another statute the legislative history of which indicated that courts were to have “wide discretion exercising their equitable powers,” 118 Cong. Rec. 7168 (1972), quoted in Albemarle Paper Co. v. Moody, 422 U.S. 405, 421 (1975)–that “discretionary choices are not left to a court’s ‘inclination, but to its judgment; and its judgement is to be guided by sound legal principles.’ ” Id., at 416, quoting United States v. Burr, 25 F. Cas. 30, 35 (No. 14,692d) (CC Va. 1807) (Marshall, C.J.). Thus, a decision calling for the exercise of judicial discretion “hardly means that it is unfettered by meaningful standards or shielded from thorough appellate review.” Albemarle Paper Co., 422 U.S., at 416.”” United States v. Taylor, 487 U.S.326, 108 S. Ct. 2413, 101 L. Ed. 2d 297,56 U.S.L.W. 4744. (Emphasis added). These same matters illegally have also been executed by the NM Court of Appeals in this instant case, wherein  justices attempt to regulate an area of law of "due process" already controlled by Constitution, without yet jurisdiction by way of pleadings not yet of court record, by attempting to preview, force submission as to content of pleadings, force perusal of pleadings prior to filing, disregard for "forma pauperis" status and selectively persecute a pro-se party to deny or allow filing prior to taking "jurisdiction" and other outrageous acts of "obstruction of justice" so as to entirely control the litigation process without either jurisdiction or judicial capacity with requiring any pro-se litigant to “present a pleading for ‘approval’ before filing” taking away rights of due process and equal protection wherein neither the court nor any particular justice has any “jurisdiction” of the pleading before filing with the court. Cresswell v. Sullivan & Cromwell, C.A.2 (N.Y.) 1990, 922 F.2d 60, on remand 771 F. Supp. 580 ; Gonzales v. Raich, No. 03-1454 SEE United States v. Colorado Supreme Court, No. 98-1081, 10th USCA, where the court upheld that “ the [rule] violated the Supremacy Clause by attempting to regulate an area of federal law controlled. In this instant case illegal order has been issued to do illegally much of the actions complained of in the above underlying motion, forcing the Appellant to file a  Petition for Writ to the NM Supreme Court over the actions of the NM Court of Appeal corrupting the due process ability of Constitution 5th and 14th Amendments; a  Petition that was  temporarily denied due to this action No. 32,326 not being finalized, but actions of appeals that obviously the Appellant will re-file upon final judgment of this court. [Exhibit 1].
            The  outrageous acts of tyranny attempted to be perfected by some justices of this system to entirely control the litigation process to a mean end predicted result, and mis-use of power to control public record court filings, when each justice has no jurisdiction whatsoever of any pleading or court paper until filed, renders these actions criminal obstruction of justice and not at all what the US Congress envisioned in either the Constitution or US Code Title 42 Section 1981 under "rights to file suit" or due process and equal protection. Federalist No. 47 by James Madison, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.; US v. Guest, US Ga. 1966, 86 S.Ct. 1170, 383 US 745, 16 L.Ed.2d 239 this section (Title 18 Section 241) pertaining to conspiracy against rights of citizens encompasses due process and equal protection clauses of USCA Constitution Amendment 14 and is not unconstitutionally vague. This court's denial of the Motion without explanation also does explain the discharge of duties of the court under Canon 3(D)(1) wherein it is blatantly obvious of outrageous acts by Judge Hadfield that violate every provision of Oath, Canon, and the Code of Judicial Conduct, where it is "mandated" for this court to take action against this judge, and the court instead chooses to deny due process to the Appellant over  these issues in protection of the judiciaries' acts without jurisdiction or judicial capacity of which Judge Hadfield is entirely liable. Dennis v. Sparks, 101 S. Ct. 183, 449 US 24, 66 L.Ed.2d 185 “US Tex. 1980 State Judge may be found criminally liable for violation of civil rights even though judge may be immune from damages under Civil Rights statute Title 18 U.S.C. 242, Title 42 U.S.C. Section 1983" This has required additional complaints from the Appellant to the NM Judicial Standards Commission against Judge Hadfield (there have now been 7) as well as multiple motions to recuse for cause that have been denied or ignored, as well as a new Petition with the higher court [Exhibit 2]; all due to non-performance of the jurisdiction of this court to both entertain the matter and to take action to prevent further interference with court records and to punish Judge Hadfield for  the obstruction of justice and blocking legal appeals that has already transpired. Tyus v. Martinez, 106 Supreme Court 1787, 475 US 1138, 90 L.Ed.2d 333 on remand 800 F.2d 230 ; 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. Judge Hadfield's acts to distort the court record and impede justice by denying legal filing was meant to tamper with the court public records. US v. Craft, 105 F.3d 1123 “CA6 (Ky.) 1997.
            What transpired here is that Judge Hadfield worked outside of both jurisdiction and judicial capacity to intercede, confiscate, appropriate and read papers and pleadings intended first for the Court Clerk filing under law. Ennis v. Kmart Corp., 131 N.M. 32, 33 P.3d 32, 2001 -NMCA- 068, N.M.App., June 21, 2001 (NO. 20,977). This entails many felonies on both a state and federal level. At the onset, all of David Derringer's papers constructed and printed are "personal property" protected from illegal seizure under the 4th Amendment and personal property under the US Code Title 42 Section 1982 that cannot be taken by Judge Hadfield without agreement of David Derringer which is not given. What Judge Hadfield did was criminal fraud to give orders to the clerks not to file the David Derringer court pleadings, but to confiscate them entirely with all copies meant for filing and distribution to other parties, and to keep them from the further possession of David Derringer. This constitutes a "tort" and a criminal act under the New Mexico's Abuse of Privacy Act. Section 30–12–1(C). The Abuse of Privacy Act, among other things, prohibits interference with certain types of electronic communications, including “reading, interrupting, taking or copying any message, communication or report intended for another by telegraph or telephone without the consent of a sender or intended recipient thereof.” Molina v. Gonzales, 994 F.2d 1121 rehearing denied 1F.3d 304 on remand 1993 WL 534, 163. Privacy and Publicity 379IV(A) In General 379 k329 k. Types of Invasions or Wrongs Recognized. Under New Mexico law, tort of invasion of privacy has four categories: false light, intrusion, publication of private facts, and appropriation. In this matter, a "citizen" deemed a judge was acting not in a judicial capacity without any jurisdiction prior to the papers being filed of court record, to steal in larceny the David Derringer personal property meant for another, the court clerk, and to do so without due process in violation of "seizure" laws of the 4th Amendment, and to do so in adversely influence the court record and taint and corrupt the content of the legal court case so as to corruptly affect the appeal, in "obstruction of justice"; all in a complete lack of jurisdiction to misuse power to effect control of a particular litigant. Mireless v. Waco, 502 U.S. 9, 116 S. Ct. 286, 112 L. Ed.2d 9 (1991). “A judge only has jurisdiction  over any pleading after a proper filing with the court clerk.” Wilson & Co. v. Banque Francaise du Mexique, 124 Misc. 690, 208 N.Y.S. 213, N.Y.Sup., June 11, 192 Filing or court record. Filing of papers with court clerk is condition precedent to jurisdiction of court, and court cannot make order nunc pro tunc to cure such jurisdictional defect. ; Robinson v. Sawyer, 23 N.M. 688, 170 P. 881, N.M., January 07, 1918 (NO. 2007). In effect, by Judge Hadfield keeping the clerk from filing the pleadings of David Derringer, she willfully corrupts and disturbs the court record in acts of obstruction of justice, effectively “destroying” a document that should be filed in an instant manner. US v. Kanchanalak, 37 F. Supp.2d 1.  David Derringer properly sought to be able to file his court pleading without interference or obstruction so as to perfect appeals and have in the court record trial court the necessary information on issues to preserve them for review of the future  appeal pursuant to the "scope of review" NMRA 12-216(A). Judge Hadfield bullied the court clerks by mis-use of power to intercede and steal the David Derringer documents prior to filing so as to invade David Derringer's privacy to see what David Derringer had written so as to block such information of "truth" under NMRA Rule 1-090 and "written information" under NMRA Rule 11-504 from the court record, due to such information disclosing and exposing the Constitutional violations and public corruption of the judge herself. Smith v. City of Artesia, 108 N.M. 339, 772 P.2d 373, N.M.App., March 02, 1989 (NO. 10,094) ...invasion of privacy can be maintained only by a living individual whose privacy is invaded. The right protected by the action for invasion of privacy is a personal right, peculiar to the individual whose privacy is invaded. In this matter, the information was  for the court record only, not the personal view of Alisa Hadfield, but only for view of Judge Hadfield working in Judicial capacity once the information became of court public record. This is highly offensive to the Respondent for the Judge to attack David Derringer's court pleadings with criminal acts, for a proven corrupt judge that Respondent David Derringer has sought to recuse for cause 6 times and filed 7 Judicial Standards  complaints about, and who instead has violated NMRA Rule 1-088.1.  refused to step down.  and refused to obey NMSA 38-3-3 to refuse to change the venue and keeps David Derringer "imprisoned" in her court. Jones v. Mayer Co., U.S. Supreme Court 392 U.S. 409 (1968) No. 645.;  Lee v. Calhoun, 948 F.2d 1162, C.A.10 (Okla.), November 06, 1991 (NO. 90-6013) ...invasion of his privacy, if the intrusion would be highly offensive to a reasonable person. Section 652B liability does not require publication of private matters. The invasion may consist of forced entry into a person's home, eavesdropping or spying upon a person's private affairs, or tampering with a person's private papers or mail. Jones ET UX v. Alfred H. Mayer Co. ET AL, certiorari to the United States Court of Appeals for the Eighth Circuit, No. 645.
            This NM Court of Appeals is well aware that No. 32,326 is based upon jurisdictionally defective and fundament error of DV-12-234, (without service of summons and with Constitutional deprivations) but also knows that it is the foundation of the illegal acts and Constitutional deprivations entailed in DM-12-610 making both Constitutionally defective. This court also knows that DV-12-234 and DM-12-610 are inexplicably and totally inseparable as totally intertwined, but also knows that after the initial hearing of DV-12-234 before a "Commissioner Cosgrove/Aguilar, and upon "appeal"  of Objection to the Commissioner's Findings, the matter is entirely in the jurisdiction  of Judge Hadfield on both matters, and the Respondent is forced to file with the clerks in any event, so the affect of obstruction of filing is of direct concern of No. 32,326, and not tied exclusively to matters of DM-12-610 even if in legal error this court chooses to untie these totally intertwined matters. Chavez v. County of Valencia, 86 N.M. 205, 521 P.2d 1154 (1974). Therefore, the "tampering" with records of Judge Hadfield are directed against DV-12-234 as well as any other including the recent obstruction of filing the "docketing statement" of another yet forced appeal regarding DV-12-234 that now has to be docketed as NM Ct. App. No.32,982, and the denial of the Motion by this court has the effect of ratifying and condoning criminal acts of tampering with records, "having knowledge". Mehdipour v. Chapel  12 Fed.Appx. 810, 813, 2001 WL 468010, 2 (C.A.10 (Okla. (C.A.10 (Okla.),2001) ..permitting and ratifying the tampering of public records, including documents submitted..This also falls under the US Code Title 42 Sections § 1983 and 28 U.S.C. § 1985 for allegedly conspiring to tampering with and concealing court documents, and submitting false or misleading documents or lack thereof, and thus denying David Derringer due process and equal protection of the law. Universal Oil Prods. Co. v. Root Ref. Co., 328 U.S. 575, 580, 66 S.Ct. 1176, 1179, 90 L.Ed. 1447 (1946); Hazel–Atlas Glass Co. v. Hartford–Empire Co., 322 U.S. 238, 244, 64 S.Ct. 997, 1000, 88 L.Ed. 1250 (1944), overruled on other grounds, Standard Oil Co. v. United States, 429 U.S. 17, 97 S.Ct. 31, 50 L.Ed.2d 21 (1976); Jemez Properties, Inc. v. Lucero, 94 N.M. 181, 184 n. 1, 608 P.2d 157, 160 n. 1 (Ct.App.1979), cert. denied, 94 N.M. 628, 614 P.2d 545 (1980). "We believe that it is the record of this case that demands our attention. The inherent power of a court to grant equitable relief from a judgment procured by fraud upon the court is beyond question."
            Clearly, the attention of this court is needed. "Fraud upon the court embraces only that species of fraud which does or attempts to defile the court itself or which is perpetrated by officers of the court so that the judicial system cannot perform in a usual manner. Jemez Properties, Inc. v. Lucero, 94 N.M. at 184 n. 1, 608 P.2d at 160 n. 1. "Fraud upon the court occurs where there is a deliberately planned and carefully executed scheme to defraud the court". See Hazel–Atlas Glass Co. v. Hartford–Empire Co., 322 U.S. at 246, 64 S.Ct. at 1001. The acts here by Judge Hadfield and accomplices under her direction reveals a deliberate scheme to defraud the court; they committed fraud upon the court.
            There are not only are there federal violations to Constitutional rights and US code, but violations to the "extra protections" afforded the Appellant under the New Mexico Constitution Article II Bill of Rights 1,4,10,17,18,and 24; David Derringer also being a "victim" of both the larceny of personal property and invasion of privacy and the victim of fraud, as is the State of New Mexico. Judge Hadfield knows what she is doing and knows that she has no jurisdiction for such acts, and knows that she is persecuting and singling out David Derringer in the scheme of fraud of court records. Silva v. Town of Springer, 912, P.2d 304, 121 N.M. 428 1996 NMCA O22 cert denied 911 P.2D 883, 121 N.M. 375 cert denied 913 P.2d 251, 121 N.M. 444 N.M. App. 1996 “Public official have qualified immunity from suit under 1983 as long as (1) at time of alleged conduct there was not clearly established statutory or constitutional right that was claimed to have been violated, and (2) a reasonable person would not have known that his or her conduct was violating that clearly established right.” David Derringer has been singled out both for persecution and intimidation. 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) “To satisfy a case for violations of equal protection, the matter must include two elements. 1. “Defendant was singled out for prosecution while other similarly situated were not. 2. This was animated by intentional or purposeful discrimination.” This entails singling out David Derringer for persecution and for unequal protection in violations of law that enable any citizen to file a complaint or court pleadings with the court clerk in any court of law in the United States under the provisions of US Code Title 42 Section 1981 and the 4th, 5th and 14th Amendments. Zanesville v. Rouse, 126 Ohio St.3d 1, 929 N.E.2d 1044, 2010 -Ohio- 2218, Ohio, May 26, 2010 (NO. 2009-1282) “Until a  pleading is filed in a case, the trial court has not obtained jurisdiction over it.”  This matter screams out for "superintending control" of this court under Canon 3(D)(1). This court has jurisdiction to exercise its power of superintending control to “...prevent irreparable mischief...” State ex rel. Anaya v. Scarborough, 75 N.M. 702, 706, 410 p.2d 732 (1966). Parratt v. Taylor, 451 U.S. 527, 101 Supreme Court 1908, 68 P.Ed.2d 420 (1981). What is happening here is Judge Hadfield controlling the court record denying court pleadings to adjust the court record to her own devices. Civil Rights 13.4(2) “is accountable via 1983 action..in a position of responsibility, knew or should have known of misconduct and yet failed to prevent future harm.” The acts involved here by Judge Hadfield defeat justice, defeat the Constitution, and conduct tyranny, oppression, imprisonment, and sedition and treason against David Derringer; Constitutional deprivations against David Derringer; acts so severe in violation that it should shock the conscience of any judiciary. Rogers v. City of Little Rock, 152 F.3d 790, 797 (8th Cir. 1998) “the behavior of the governmental officer is so egregious, so outrageous, that it may fairly be said to shock the contemporary conscience.” ; Beverly Health and Rehabilitation Services Inc. v. Feinstein, 103 F.3d 151, 322 US App DC 245 Rehearing denied 118 S. Ct. 65, 139 L.Ed.2d 27 “Courts decide cases within their jurisdiction rather than asserting jurisdiction because they believe that substantive claim ought to be considered.” Exposure of these and other unlawful activities is done 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). 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).
            Judge Hadfield is not allowed under the provisions of the US Congress to control the court record to pre-filing peruse documents and court pleadings to decide if and when they can be filed and to deny filing of any documents that are not to her pleasing in content or intent, and such acts entail "tampering with public records". Nolte Sheet Metal, Inc. v. Department Of Indus. Relations, Cal.Rptr.3d, 2010 WL 969628, Cal.App. 5 Dist., March 18, 2010 (NO. F057574). Nixon v. Fitzgerald, 457 US 731, 763 (1981) by Chief Justice Burger, “when litigation processes are not tightly controlled-and often they are not-they can be and are used as mechanics of extortion. Ultimate vindication on the merits does not repair the damage.”
            WHEREFORE this court has a duty to "reconsider" what they have knowledge is happening here to block appeals and disrupt the entire judicial system, and make Order that any litigant has a Constitutional right to file pleadings not subject to any justices' approval, and for due process and equal protection not impeded, by corruption and destruction and concealment of court records and that until such papers are filed they are in the total control of the owner  as "personal property" and are protected until filing under rights of privacy. This court must also take action under law to stem these illegal acts, and enact means to prosecute those involved in the "tampering" of David Derringer's legal use of the courts, as these are unruly and exceptional circumstances involving public corruption entailing felonies and fraud. 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) “Tampering with evidence constitutes exceptional circumstances. Tampering with evidence in the case and with public records in the clerk’s office went beyond the common fraud contemplated in paragraph B(3) of this rule, and constituted exceptional circumstances to allow a reopening of judgment more than a year after its entry, under paragraph B(6) of this rule [Rule 1-060] San Juan 1990-A. This court is also well aware that all of these actions by Judge Hadfield occur outside of jurisdiction and judicial capacity under the reasons of this instant appeal having exclusive jurisdiction over all of these matters. Wagner Land  & Investment Co. v. Halderman,83 NM 628, 495  P.2d 1075 (1972).; Davis v. Westland Development Co., 81 NM 296, 466  P.2d 862 (1970); Mirabal v, McKee, 74 NM 455, 394 P.2d 851 (1964). Clearly, as well, Judge Hadfield cannot threaten and intimidate David Derringer to comply with her illegal acts or become incarcerated when simply exercising Constitutional rights. US v. Risken, 788 F.2d 1361 cert denied107 Supreme Court 329, 479 US 923, 93 L.Ed.2d 302 “18USCA 1512, which prohibits any party from intimidating or harassing another party in order to influence testimony at official proceeding, does not require that party harassed or intimidated be witness at proceeding.” ; Phelps v. Hamilton, 122 F.3d 1309, 1323 (10th Cir. 1997). “manifest error of law is clearly present.”

Respectfully submitted by: _______________________________
David Derringer, Box 7431, Albuquerque, New Mexico 87194
CERTIFICATE OF SERVICE          July 18, 2013
I hereby certify that I sent a  copy of this pleading to:
New Mexico Court of Appeals clerk
P.O. Box 2008
Santa Fe, New Mexico 87504

I also delivered a copy of this pleading to:
Alain Jackson
423 6th St. NW
Albuquerque, New Mexico 87102