Wednesday, June 2, 2010

President Obama knows of Arizona court corruption

STATE OF ARIZONA
COUNTY OF APACHE
IN THE ROUND VALLEY JUDICIAL COURT
No. CV-07-0178
DAVID DERRINGER
Plaintiff,
v.

JANET TERMAIN and
TERMAIN STORAGE LLC.
Defendants,

PLAINTIFF/COUNTERCLAIM DEFENDANT'S MOTION FOR RECONSIDERATION/RETRIAL UNDER RULES 59 AND 60 OF THE ORDER OF MAY 26, 2010 AND DEMAND FOR RECUSAL FOR CAUSE OF CRIMINAL FACILITATION AND JUDGE ANTONINI BEING AN ACCESSORY TO FEDERAL AND STATE CRIMINAL ACTS AND “PERJURY” UNDER THE MEANING OF LYING ON OATH AND REFUSAL TO OBEY STATUTORY LAWS OF ARIZONA ARS 33-1704(C), ARS 33-1123, ARS 33-1126, ARS 33-1130, ARS 33-1133

COMES NOW the Plaintiff, David Derringer, representing himself Pro-Se with his timely motion for retrial/reconsideration of the Order of May 26, 2010 [Exhibit 1]. By this pleading, Derringer protects, “preserves”, and substantiates items for future appeal of “abuse of discretion”, “criminal acts by a Judge”, acts outside of “jurisdiction and judicial capacity”, “violations of Oath”, “sedition and treason” of acts against Constitution 14th Amendment Section 3 and refusal to obey and enforce Arizona statutory laws, “distortion of a court record”, “public corruption”, “mis-use of power”, “bias” and “prejudice” against a Pro-Se party, “bias and prejudice” against a New Mexico citizen, “retaliation” against disclosure of public corruption, and acts in violation of the Code of Judicial Conduct.
Although it is Ordered that this matter is returned to Judge Antonini, [Exhibit 2] Judge Antonini “refuses” to obey the mandates of STATUTORY LAWS OF ARIZONA ARS 33-1704(C), ARS 33-1123, ARS 33-1126, ARS 33-1130, ARS 33-1133 because Antonini has been paid off by Termains and law Firm Davis Miles by attorney Robert Sewell to refuse to ever allow Derringer to retrieve any of his legal personal property. Even if “auction” were held for Termains to recover fees and damages of the Final Judgement of April 14, 2008, (which auction has not legally been held and wherein ARS 33-1704(C) is mandated to be allowed before auction) it is “criminal” for Termains to keep and sell the “excess” Derringer personal property (almost 1/4 million dollars) and “value” of all Derringer personal property has to be placed by David Derringer, and wherein Termains cannot “pick and choose” what items to sell without authority by owner David Derringer. Clearly, it will not take the Derringer’s value of over $220,000.00 to come up with the $2,841.12 Judgement amount that also Derringer is willing to pay under ARS 33-1704(C) rights to regain his property. So Judge Antonini has “other motives” to keep Derringer from paying Termain in order that Termains can have all of Derringer’s legally exempt property. Richens v. Mayfield, 85 N.M. 578, 514 P.2d 854 (1973) “Abuse of discretion is present which is defined as when the judge has acted arbitrarily or unreasonably under the particular circumstances.” Even an idiot can see that it is much more profitable to keep Derringer’s over $220,000.00 worth of personal exempt trade tools and personal property rather than have Derringer pay to Termains the Final Judgement Amount of $2,841.12 as Derringer has mandated rights to do under ARS 33-1704(C) to recover “all” of his personal property noted on the inventory list attached. [Exhibit 3] Anyone can see by this inventory list of all items stolen by Judge Antonini, Janet Termain and Robert Sewell that they amount to hundreds of thousands of dollars, that despite the law, Judge Antonini “refuses” to Order release on any terms of payment by Derringer, compliance with Arizona state laws mandating redemption, or rights under Constitution. As Derringer is willing to pay the Final Judgement amount stipulated under law ARS 33-1704(C) to regain the Derringer personal exempt property, or an amount set by the court, and despite rights to place the amount in the court registry or pay Termain to recover Derringer personal property, Judge Antonini will not set any amount or allow Derringer to have back his legal personal exempt property under any circumstances; even a stolen FFL firearm that cannot be “in possession” under US Code Title 18 Section 922. Even though Judge David Antonini will not obey and enforce Arizona statutory laws or enforce rights under Constitutions, Judge Antonini will not step down and recuse so as to assist Janet Termain and himself claim and enjoy the spoils of almost 1/4 million dollars of Derringer personal property that took Derringer his whole life of 61 years to accumulate and to ruin any further life of David Derringer due to Derringer exposing the public corruption of Judge David Antonini. Without doubt, the United States public needs to be aware of this corruption in the state of Arizona. Despite “knowledge”, the Arizona Supreme Court, Commission on Judicial Conduct and the Apache Sheriff Department will not stop the criminal acts in this court.
The Plaintiff will copy this pleading to the Arizona Republic Paper, the Apache County Sheriff Department, the Commission on Judicial Conduct, and the Arizona Supreme Court to both expose and document the criminal acts occurring in this court of willful violations of Arizona statutory laws and Constitutions by Judge David Antonini as well as knowingly facilitating stealing over $220,000.00 worth of David Derringer’s exempt trade tools and other exempt personal property without legal ability to take any “personal property” (Termains could legally only “file lien” against “real property”) with the Final Judgement of April 14, 2008 [Exhibit 4] and the knowingly accessory of Judge Antonini to the stealing and illegal “possession” by Termains of a handgun held under the Federal Firearms License of David Derringer in a criminal felony under US Code Title 18 Section 922 and other facilitated criminal acts. Judge Antonini has “jurisdiction” of the matter of CV-07-0178 [Exhibit 2] and is mandated under ARS-33-1704(C) to allow David Derringer the retrieval of personal property upon payment of the fees and damages of $2,841.12 of the Final Judgement of April 14, 2008, but is “refusing” to allow Derringer to pay any amount under ARS 1704(C) when Derringer is willing to pay the Judgement amount to redeem his property. Judge Antonini is thus holding Derringer’s exempt personal property in criminal ransom and extortion to assist and force facilitation of the Termains recovery of all attorney fees and future damages against Derringer as well as to “protect” and cover-up the criminal larceny of Termains of stealing Derringer’s over $220,000.00 worth of personal property in “unjust enrichment”; acts within the jurisdiction and authority for criminal investigation by the Apache County Sheriff’s Department. Derringer’s personal property has been illegally held in criminal ransom and extortion for a period exceeding two years, stopping Derringer’s legal income and making Derringer homeless and destitute to ruin his life by the illegal facilitation by Judge Antonini. Judge Antonini is a criminal accessory to all of the illegal acts occurring here.
Judge Antonini attempts to again cover-up these Termain felony acts with the Order of May 26, 2010 claiming that this court is not an appeals court of the Superior Court, but wherein the matter has been remanded to this Round Valley Justice Court with full jurisdiction of Judge Antonini as mandated to Order the “redemption” of David Derringer’s trade tools with payment to Termains before any auction and recover “all” of Derringer’s personal property under mandates of ARS 33-1704(C). Judge Antonini has to grant Derringer his rights under ARS 33-1704(C) and “refuses” in order for Termains to steal all Derringer’s property, when ARS 33-1704(C) mandates retrieval before actuation of ARS 33-1703(A). Antonini clearly has some of Derringer’s personal property, money from illegal sale of this property and/or “more favors” in the continued corruption link of Davis Miles law firm, attorney Robert Sewell, and Janet Termain.
ARS 33-1703(A) has no writing by Arizona Legislature to deny or deprive the rights of exempt personal property as stated in Arizona laws ARS 33-1123, ARS 33-1126, ARS 33-1130, ARS 33-1133. Judge Antonini cites no case laws or statutory laws that could be used to deny and deprive Derringer his personal property when payment of the Final Judgement amount of claims of storage fees and damages are paid to Termain of $2,841.12, and there are existing no laws that prevent Derringer from proper redemption or retrieval of his personal property under ARS 33-1704(C). Only the corruption of Judge Antonini prevents Derringer from exercising his statutory rights under ARS 33-1704(C), ARS 33-1123, ARS 33-1126, ARS 33-1130, and ARS 33-1133. “ARS 33-1704(C) “at any time before a sale under this section, the occupant may pay the amount necessary to satisfy the lien and redeem the occupant’s personal property”. The wording “AT ANY TIME” by the Arizona State Legislature mandates that Judge Antonini allow and “Order” Derringer availability to retrieve and redeem all personal property with a payment of $2,841.12 even the second after the Final Judgement of April 14, 2008, but Judge Antonini “refuses”, “ignores” and illegally detains, ransoms, facilitates grand larceny, and uses all of Derringer’s personal property detained for a period of over two years despite multiple pleadings by Derringer to redeem his property and to retrieve exempt items that could never be held outside of Derringer’s control.
David Derringer, Plaintiff, has filed the following multiple and legal Motions to gain the statutory rights of redemption of the Derringer personal property, even after Judge Antonini allowed the Termains to claim fraudulent claims of “storage rents” and “damages” by withholding Derringer’s rent payment checks and lying to the court that Derringer did damage to the storage unit. Judge Antonini has “denied” and “ignored” the following legal Motions to enforce the statutory rights of ARS 33-1704(C), ARS 33-1123, ARS 33-1126, ARS 33-1130, ARS 33-1133; culminating with the Order of May 26, 2010 outside of jurisdiction and judicial capacity by violations of Arizona statutory laws and Constitution, to illegally keep Termains and Antonini himself in full control and illegal possession of all of Derringer’s $220,000.00 worth of personal property including, but not limited to, illegal “possession” of the stolen handgun of the Federal Firearms License of David Derringer; a federal felony under US Code Title 18 Section 922.
PLAINTIFF’S MOTION FOR ORDER OF REDEMPTION; NOTICE OF APPEAL; AND MOTION FOR STAY/RESTRAINING ORDER
PLAINTIFF/COUNTERCLAIM DEFENDANT'S MOTION FOR ORDER OF PROTECTION OF DERRINGER PERSONAL PROPERTY IN UNITS #53, #54 AND OUTSIDE STORAGE WITH THE DEFENDANTS
PLAINTIFF/COUNTERCLAIM DEFENDANT'S MOTION TO STIPULATE TERMS, CONDITIONS OF PAYMENTS AND RELEASE OF DERRINGER PERSONAL PROPERTY UPON SUPERSEDEAS BOND OR IN THE ALTERNATIVE CASHIER’S CHECK OR BANK LETTER OF GUARANTEED CREDIT
PLAINTIFF’S REQUEST FOR COMPLETE RELEASE OF DERRINGER’S PERSONAL PROPERTY UNDER ARS 33-1704(C)
PLAINTIFF’S 2ND REQUEST FOR COMPLETE RELEASE OF DERRINGER’S PERSONAL PROPERTY UNDER ARS 33-1704(C)
PLAINTIFF/COUNTERCLAIM DEFENDANT'S MOTION FOR THIS COURT AND JUDGE ANTONINI TO COMPLY AND ENFORCE ARIZONA STATE LAWS ARS 33-1704(C), ARS 33-1123, ARS 33-1126, ARS 33-1130, ARS 33-1133, AND TO ENFORCE UNITED STATES CODE TITLE 42 SECTION 1982 “PRIVATE PROPERTY RIGHTS”
PLAINTIFF/COUNTERCLAIM DEFENDANT'S MOTION FOR JUDGE ANTONINI TO GRANT DAVID DERRINGER IMMEDIATELY HIS RIGHTS UNDER ARIZONA STATE LAWS ARS 33-1704(C), ARS 33-1123, ARS 33-1126, ARS 33-1130, ARS 33-1133, UNITED STATES CODE TITLE 42 SECTION 1982 “PRIVATE PROPERTY RIGHTS” AND CONSTITUTION; OR IN THE ALTERNATIVE MOTION TO RECUSE FOR CAUSE

The Order of May 26, 2010 itself shows the “refusal” to grant David Derringer any rights under Arizona statutory laws ARS 33-1704(C), ARS 33-1123, ARS 33-1126, ARS 33-1130, ARS 33-1133 and shows the ongoing prejudice and bias to force Derringer to grant “unjust enrichment” to the Termains of almost 1/4 million dollars over the “Final Judgement” amount of only $2,841.12 wherein they were not granted any of Derringer’s personal property, but only allowed to file a lien against any and all of Derringer’s “real property”. Derringer will not submit to this corruption and un-accountability of Judge Antonini working completely outside of his jurisdiction and judicial capacity as a criminal sitting on the bench, under the employment of Davis Miles law firm of Mesa, Arizona and Janet Termain of Springerville, Arizona.

Judge Antonini is being an ‘accomplice’ and ‘facilitator’ to criminal felonies of grand theft, illegal possession and facilitation of a handgun and other firearms some held under a federal firearms license, and refuses to face the mandatory recusal for cause under US Code Title 28 Section 455 in bias, prejudice, refusal to enforce Arizona statutory laws, and violations of the US and Arizona Constitutions and felonious acts against David Derringer outside of his ability as a “judge”. Judge David Antonini has been a co-conspirator to the following criminal acts:
The stealing of a Federal Firearms Licensed handgun under the FFL of David Derringer defined as the firearm stolen in the Derringer report BATF # 1-2008-0001217. David Antonini as a person with all conspirators have “facilitated” the following criminal acts with unlawful reasons: ARS 13-201-criminal liability; ARS 13-202-culpability and negligence; ARS 13-303-criminal liability to “order” another means of committing the crime; ARS 13-305-criminal liability of enterprise of “Termain Storage”; ARS 13-306-criminal liability of “Janet Termain and others”in conduct of enterprise; ARS 13-1003-conspiracy; ARS 13-1004-facilitation of the illegal minute order enabling the crimes; ARS 13-1506-burglary of over $220,000.00 worth of Derringer personal property all taken by conspirator and Defendants; ARS 13-1602-criminal damage to exempt personal property of David Derringer; ARS 13-1802-theft; ARS 13-1804-theft by extortion; ARS 13-1902-robbery by “gunpoint” of Detective Nuttall in cooperation grand larceny of tens-of-thousands of dollars in value of Derringer’s trade tools not legally able to be possessed by the Defendants with weapons involved as both violations of ARS 13-1903-aggravated robbery and ARS 13-1904-armed robbery; ARS 13-2206-fraud to claim Derringer’s $220,000.00 worth of property is only worth the minute value of the Round Valley Judgement; ARS 13-2307-trafficking in all of the stolen property from Derringer valued at over $220,000.00 [almost 1/4 MILLION DOLLARS] ; ARS 13-2310-fraudulent schemes; ARS 13-2311-willful concealment; ARS 13-3102-carrying Derringer 5 stolen guns without permit/illegal concealment of 5 Derringer stolen firearms/illegal possession of 5 stolen Derringer firearms/illegal possession of a stolen federal firearm handgun without legal possession/ illegally transporting stolen weapons. All conspirators cannot detain or possess Derringer’s property, or prevent Derringer legal possession of his personal property under the meaning of Title 42 Section 1982 and cannot continue to detain Derringer’s property by the Defendants that is “exempt” personal property provided for by Constitution and Arizona statutory laws.
In the Order of May 26, 2010, Judge David Antonini has simply “ignored” Derringer’s Motion to Recuse, and without any opposition from Termains on any issue, but instead continues to deny and deprive Derringer his statutory rights for redemption by payment and exempt personal property ARS 33-1704(C), ARS 33-1123, ARS 33-1126, ARS 33-1130, ARS 33-1133 when Antonini was remanded full jurisdiction of this matter by the Superior Court of Apache County. [Exhibit 2] Why should the United States public obey any laws when Judge Antonini aids and facilitates criminal acts of grand theft, illegal possession of an FFL handgun and other larceny of over $220,000.00 worth of exempt trade tools and deprives income and ruins the life of another to assist the Termains and attorney Robert Sewell and law firm Davis Miles of Mesa, Arizona, in acts of collusion, conspiracy, public corruption and other criminal felonies? 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).
David Derringer already exposed the public corruption connection of Judge David Antonini with attorney Robert Sewell of law firm Davis Miles of Mesa, Arizona, representing Termains in this matter and it is documented in public court record wherein attorney Sewell asked David Antonini as a “Round Valley Justice” to Order the dismissal of a Federal law suit by David Derringer against Termains filed in the US District Court for the District of Arizona, a court in which David Antonini has no possible jurisdiction. The “corruption” here precipitated Pro-Se Derringer being “sanctioned” and punished and persecuted by Antonini both for being Pro-Se and for being a New Mexican, exposing the public corruption of Arizona. Derringer is “singled-out” and persecuted as a “targeted individual” for exposing Judge Antonini’s bias, prejudice and persecution of pro-se parties as well as the “corrupt connection” with the Defendants to facilitate thus then assisting Termains steal all of Derringer’s almost 1/4 million dollars of personal property to ruin David Derringer’s life. It is clear now that Derringer’s latest motion to enforce Arizona statutory laws or “recuse” (PLAINTIFF/COUNTERCLAIM DEFENDANT'S MOTION FOR JUDGE ANTONINI TO GRANT DAVID DERRINGER IMMEDIATELY HIS RIGHTS UNDER ARIZONA STATE LAWS ARS 33-1704(C), ARS 33-1123, ARS 33-1126, ARS 33-1130, ARS 33-1133, UNITED STATES CODE TITLE 42 SECTION 1982 “PRIVATE PROPERTY RIGHTS” AND CONSTITUTION; OR IN THE ALTERNATIVE MOTION TO RECUSE FOR CAUSE) was met without opposition by Termains, wherein David Antonini protects and disregards the “motion to recuse” by Derringer without any necessary participation by Termains in any further pleadings in a generic denial of all motions that deliberately covers the court record to indicate other than was pleaded by Derringer in both fraud to the court’s record and mis-representation of the law and facts by Judge Antonini. Thus, Judge Antonini simply acts as both judge and opposing attorney against and in opposition and defeat of Derringer without any necessary participation in the pleadings by Termains due to their purchased Judge Antonini. Without opposition to the Motion to Recuse by Termains, Derringer’s motion has to be approved for “justice to be served”, and Judge Antonini has to recuse for valid cause of the shown public corruption, bias, prejudice and refusal to obey any state laws that protect and avail rights to David Derringer under recovery of personal property under ARS 33-1704(C), ARS 33-1123, ARS 33-1126, ARS 33-1130, ARS 33-1133, while instead only allowing Termains attempts to steal and auction all of Derringer’s exempt personal property under ARS 33-1703(A). Undeniably, ARS 33-1704(C) supercedes ARS 33-1703(A) by allowing David Derringer payment and redemption “at any time before” auction, and Judge Antonini disregards the law ARS 33-1704(C) in order to ruin Derringer and keep Derringer from any possible recovery of his legal personal property. This disgusting abuse of discretion and bias defeats the entire justice system of the United States by Judge Antonini and is the very meaning of a “criminal in power sitting as a judge upon the bench of Arizona courts”. 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.. In order to form correct ideas on this important subject it will be proper to investigate the sense in which the preservation of liberty requires that the three great departments of power should be separate and distinct.”
Arizona Law enforcement will not act against any judge even when a Judge does felonies, and Antonini sits in power “above the laws” ruining lives and stealing from the public to line his own pockets with favors and monetary gain, proven in this matter of allowing Termains to have over $220,000.00 worth of Derringer’s personal property for a Judgement amount of only $2,841.12. Clearly, even the Apache Sheriff’s Department knows that Termains cannot keep all property in excess of what they recover in their judgement and know that felonies cannot be committed and covered up by David Antonini producing an Order that circumvents the Arizona Legislated laws. Antonini will not allow Derringer any of his personal exempt or other personal property even if Derringer agrees to by any amount of ransom and extortion money to Antonini and the Termains. The following happened before and continues to be the motive for David Antonini to refuse to grant Derringer his statutory rights to redeem his property and have his exempt property under ARS 33-1704(C), ARS 33-1123, ARS 33-1126, ARS 33-1130, ARS 33-1133. This is what transpired then and occurs now also know to the Arizona Commission on Judicial Conduct and in a Petition for Writ of Superintending Control to the Arizona Supreme Court.
Derringer filed the instant suit in the Round Valley Justice Court October 9, 2007 and shortly thereafter filed a Civil Rights Title 42 Section 1983 action against the Defendants on November 1, 2007 in the US District Court for the District of Arizona No. 07-CV-8114 PCT/EHC, which has not yet been properly served against Janet Termain and Termain Storage LLC.
Defendants responded to the instant action in the Round Valley Justice Court by filing a bogus and unfounded counterclaim November 1, 2007 based on the ex-parte claims of the Defendants that were claimed October 1, 2007 in retribution and retaliation for Derringer’s NM Civil Suit CV-07-6933, which is abuse of process and fraud.
Derringer properly filed an answer to this Counterclaim timely under Az. R. Civ. P. Rule 3, and Rule 6, properly served this answer to the Counterclaim under Az. R. Civ. P. Rule 5 on November 12, 2007 which was filed with this court after mailing on the date of November 15, 2007.
Defendants ignore the mailing to them of this response to their counterclaim and refuse, that undoubtedly was at their office at the same time the Round Valley Justice Court filed their copy on November 15, 2007, fail or willfully ignore the court record of the filing of answer to their counterclaim as of November 15, 2007 and wait over one month to file an Application for Default to attack and intimidate the Plaintiff on December 18, 2007.
The Court must note that Derringer sent the Defendants interrogatories, request to admit and request for production of documents December 5, 2007, and included was No. 14 request to admit: “The Defendants have received service of the US District Court Suit for the District of Arizona 07-CV-8114 PCT/EHC Derringer v. Termain et al. ( ) yes ( ) no”
Response was that attorney Robert Sewell calls David Derringer on the phone on December 14, 2007 to question as to whether Derringer had really filed a Federal action against his clients (Defendants) as per the No. 14 Request to Admit of Derringer sent to the Defendants. The following phone conversation between Derringer and Sewell transpired: {Sewell} “Did you file a Federal action against my clients?” {Derringer} “Yes, a Civil Rights Title 42 Section 1983 action”. {Sewell} “I will dismiss this suit”. {Derringer} “You are not a judge and cannot “dismiss” this suit yourself, but will have to answer the Complaint after entry of appearance.” {Sewell} “I will not accept service.” {Derringer} “I am not going to serve you, but will properly serve your clients.” {Sewell} “I know the judge in the Round Valley Court and will have him dismiss this suit, sanction you and have him punish you with attorney fees.” {Derringer} “The Round Valley Court has no jurisdiction to dismiss a Federal law suit.” {Sewell} “Do yourself a favor and dismiss this suit against my clients.” {Derringer} “I have a valid Civil Rights action against your client, and you have already admitted to keeping my personal property locked from me in your answer to #26 of my Complaint.” {Sewell} “You will pay sanctions and attorney fees.” {Derringer} “I will see you in the Federal Courts.”
On December 18, 2007 attorney Robert Sewell sent Plaintiff Derringer a threatening letter stating that Derringer should dismiss the instant suit in the Round Valley Justice Court with no mention of the Defendants dismissing their Counterclaim and threatens sanctions under Rule 11 and attorney fees if Derringer does not dismiss his legal suit and to dismiss the Federal Suit not yet served. Coincidently, on the same date of December 18, 2007 attorney Sewell and the Defendants sent bogus and unfounded pleading for Application for Default Judgement against Derringer for harassment, intimidation and “improper purposes”, when they had already received the answer and clearly should have checked the Court record in any regard and would have found the Derringer answer on November 15, 2007 filed with this Court; over a month before this illegal pleading of Application for Default Judgement in clear violation of Az. R. Civ. Rule 11.
On December 21, 2007 a telephonic pre-trial hearing was held in the Round Valley Justice Court for the suit No. CV-07-0178. In this suit Defendants and their attorney Robert Sewell ask this court to dismiss US District Court Suit for the District of Arizona 07-CV-8114 PCT/EHC, ask this state judge to “sanction” Derringer for this Federal Suit, and to use judicial powers of intimidation and threats to “persuade him (Derringer)” to dismiss the Federal suit.
The Order of May 26, 2010 is brought about in legal error and in a total disregard of the Constitutions and the Arizona statutory laws by rights to David Derringer of ARS 33-1704(C), ARS 33-1123, ARS 33-1126, ARS 33-1130, ARS 33-1133. Derringer has a statutory right to recover all of his personal property as a matter of law with payment of the Final Judgement amount by this court of $2,841.12. The Arizona State Legislature did not grant any wording in ARS 33-1704(C) to allow ransom or extortion by Judge Antonini to keep Derringer’s personal property for the ongoing period of over two years with forced detention and deprivation of exempt property, and without allowing Derringer to place an amount of money in the Round Valley Court Registry to accomplish his statutory rights of redemption under ARS 33-1704(C). There has been no available or legal auction of the Derringer personal property, but only a continued criminal larceny of tens of thousands of items of the Derringer inventory list [Exhibit 3] by the Termains and Judge Antonini. Accordingly, the statutory right of redemption and exempt personal property under ARS 33-1704(C), ARS 33-1123, ARS 33-1126, ARS 33-1130, ARS 33-1133 is mandated to be granted as relief to Derringer without any further OBSTRUCTION OF JUSTICE by Judge Antonini.
REQUEST FOR RELIEF
1. Rescind the illegal Order of May 26, 2010 that denies and deprives David Derringer rights and access to Constitution and Arizona statutory laws ARS 33-1704(C), ARS 33-1123, ARS 33-1126, ARS 33-1130, ARS 33-1133 and for Judge Antonini to “recuse” because of “refusal” to obey either Constitution or Arizona statutory laws.
1. For this court and Judge Antonini to comply and enforce ARIZONA STATE LAWS ARS 33-1704(C), ARS 33-1123, ARS 33-1126, ARS 33-1130, ARS 33-1133, and to enforce UNITED STATES CODE TITLE 42 SECTION 1982 “PRIVATE PROPERTY RIGHTS” under the jurisdiction granted by the Superior Court of Apache County under [Exhibit 2]
Order Derringer’s rights of redemption to retrieve “all” of his personal properly by payment of the requirement of Final Judgement storage fees and claims of damages of $2,841.12 and stop further “extortion”, “ransom” and illegal detainment for attorney fees and other claims not allowed in the Legislated writing of ARS 33-1704(C).
Order a directive to law enforcement to investigate and prosecute all that have illegally detained exempt Derringer property, stolen, perused, moved, concealed, and otherwise damaged and mis-stored any Derringer property and make all accountable for “restitution”.
Order Damages for illegally keeping Derringer from income for a period of about three years costing Derringer well over $100,000.00 worth of lost income and extreme damages of emotional distress, mental anguish, homelessness, and destitution at the vindictive hands of Janet Termain, attorney Robert Sewell of Davis Miles law firm of Mesa, AZ, and Judge Antonini.
Order instant return of all exempt personal property under ARS 33-1123, ARS 33-1126, ARS 33-1130, ARS 33-1133, and damages for illegally withholding and detaining this property at any time since the Final Judgement of April 14, 2008 as no civil suit could detain this exempt property.
Order inspection of Derringer personal property after payment to this court of the claim of lien amount of $2,841.12 to assess stolen items, damaged items, removed items, improper storage, damages to sensitive items and Order accountability damages and restitution for any item not on the Derringer inventory list multiple times presented to this court of previously stored items with Janet Termain and Termain Storage.
Order relief of deprivation of due process and denial of Constitutional and Statutory rights.
Order any other relief as deemed just and proper in a fair and equitable court of law in the United States of America.
Respectfully submitted by: ________________________________________________
David Derringer Pro-Se Box 1205, Albuquerque, New Mexico 87103

CERTIFICATE OF SERVICE 6-2-2010
I hereby certify that I sent a copy by mail of this pleading for filing to:
Round Valley Municipal Court
Box 1356
130 Mountain Ave
Springerville, AZ 85938

I further certify that I sent a copy of this pleading to:
Janet Termain and Termain Storage atty. of record
Davis Miles, PLLC Robert Sewell
560 W. Brown Rd. Third Floor
Box 15070, Mesa, AZ 85211-3070

Commission on Judicial Conduct
1501 W. Washington Street Suite 229
Phoenix, Arizona 85007

Arizona Republic Paper
Editor Randy Lovely
200 East Van Buren Street
Phoenix, Arizona 85004

Arizona Supreme Court
1501 W. Washington ST. #203
Phoenix, AZ 85007

Apache County Sheriff Department
Box 518
St. John’s, AZ 85936

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