STATE OF NEW MEXICO

COUNTY OF GRANT
IN THE MAGISTRATE COURT

STATE OF NEW MEXICO,

Plaintiff,
Case No: M-20-VM-202000029
v. Judge: Hector Grijalva

SHANON CRUMBLEY,
Defendant

MOTION TO CONTINUE

COMES NOW, Shanon Crumbley, pro-se, and ask for this court to stay these

proceeding until the New Mexico Court of Appeals (NM COA) responds to my Motion

for Declaratory Judgment that I filed on 3/22/2022 in case D-608-DM-201700093. I have

attached a copy of the above noted motion to this motion for reference.

1) The declaration I am seeking is as to Tom Foy Stewarts ability to maintain

authority over me after failing to uphold the truth or the laws and taking my property

from me, ordering a protective order based on fraud and denying the fact that Crumbley

premeditated and attempted to kill me because of his desire to have our company for

Fowler to run. Judge Stewart abused his discretion in matters that have caused undue

hardships on me and created a mess by not following the mechanism of our court system.

2) It would be irreversible error to continue these proceedings without having the

declaration from the COA because it will cause additional undue burdens on me based on

fraud on the court and by the court. The delay will not affect my right to a speedy trial

because that was already taken from me through threats of losing my freedom when the

state instigated a second unfounded unsustainable aggregated stalking charge against me.

State v. Crumbley Page 1 of 3

M-20-VM-202000029
Motion to Continue
3) The complete disregard of my rights as the victim of severe domestic abuse and as

a business owner has cause me emotional distress and economic loss. Now the desire to

take my freedom with international warrants is causing me to lose my ability to maintain

my assets, major financial burdens, and extreme emotional distress.

4) I have been without a place to live since the states witness Jimmy Lee and his

daughter decided to intimidate me and run me off my land making my cost of living

increase at least double. I am currently staying with my sister near Lincoln, New Mexico

and do not have the money for gas to drive to Grant County for the hearing set April 27

to take my rights away from me and make me a hostage to prejudice people pretending to

uphold the laws while they protect the criminals instead of upholding the law.

5) I still have not received a copy of the response Swank provided to my Motion to

Dismiss and I never have seen the new witness list in fact I have never even been told the

claims alleged that a grand jury would indite me for to create these charges. I get

informed delivery and can provide proof of what is supposed to be in my mail every day

and the District Attorney has never sent me anything and the public defender I insulted

by never took the time of day to do anything for me or provided me with any documents.

6) A text message from me, that could have been blocked, would not cause either of

the two individuals that have filed false claims this protective order is based on, to fear

for their life. They have already disgraced the court system with a fraud claim

premeditated murder that there is evidence that would leave any reasonable person was

his own intension and action. Now of being in extreme fear and terrorized of which they

are using people to create hate crimes against me like Jimmy Lee and his daughter

scaring me from home where I was terrorized and in extreme fear for my life, which is

State v. Crumbley Page 2 of 3

M-20-VM-202000029
Motion to Continue
why I left home and moved all my belongings into my van trailer. This is a persistent

collaboration in defrauding me to maintain a prejudice creating a bias to divert the state

and interfere with my civil rights and police investigations for self-serving motives.

WHEREAS I pray this court will stay any future proceeding in this matter until

the NM COA makes a declaratory judgement as to subject matter jurisdiction on the

protective order in question. As soon as I have an answer from the COA, I will email a

copy of the declaration to this court to proceed as determined from the answer.

Shanon Crumbley
17 Gold Rush Road
Hanover, NM 88041
(575)574-2142
shanon@techie.com

CERTIFICATE OF SERVICE

Shanon Crumbley, being duly sworn upon her oath or affirmation, hereby declares under
penalty of perjury that she emailed or faxed a true and correct copy of this Motion to
Continue to Grant County District Attorney.

4/25/2022
Shanon Crumbley

State v. Crumbley Page 3 of 3

M-20-VM-202000029
Motion to Continue
 IN THE COURT OF APPEALS
OF THE STATE OF NEW MEXICO

SHANON CRUMBLEY,
Defendant-Appellant,

VS. Docket No: A-1-CA-40244

D-608-DM-2017-00093

CLEE CRUMBLEY,
Plaintiff-Appellee,

MOTION FOR DECLARATORY JUDGEMENT

1) COMES NOW, Shanon Crumbley, Defendant-Appellant and ask the court

for clarification through a declaratory judgement of the main issue that has made

my case such an unjust mess. Tom Foy Stewart lied on the Order he issued

denying my Verified Affidavit to Disqualify Trial Judge. It is my belief and

understanding that the fact he lied on an Order automatically disqualifies him and

makes all the Orders he issued void.

2) A declaratory judgment, also called a declaration, is the legal determination

of a court that resolves legal uncertainty for the litigants. It is a form of legally

binding preventive by which a party involved in an actual or possible legal matter

can ask a court to conclusively rule on and affirm the rights, duties, or obligations

of one or more parties in a civil dispute (subject to any appeal).

Page 1 of 6
Crumbley Vs., Crumbley
A-1-A-40244
Declaratory Judgement
3) I filed a Writ of Mandamus to the New Mexico Supreme Court that has been

assigned case number S-1-SC-39212 on 02/07/2022 and I have attached a copy to

this Motion. Nothing has been done with this Writ, and I found cases that suggest I

should have filed it in the Court of Appeals instead of the Supreme court.

Wherever is appropriate the question is of great importance to the ability to move

toward resolution of this case. It is also a key factor of this case in determining if it

is final for appeal, which I do not think it is, because the judge lost jurisdiction.

4) The trial judges reckless abuse of discretion to lie in an Order that further

denies me the right to a fair trial with an unbiased impartial judge is more proof of

his belief that he thinks he is a law maker and not an administrator of justice. I will

not subject myself to another hearing under this man who has no business in the

powerful position he holds as fact finder and administrator of the law. He is not

qualified for the position he holds because he thinks he can lie and get away with it

and make judgements that do not follow statutes or common law. He creates his

desired outcome believing he will get away with his criminal acts because of the

discretion he is allowed to take in his rulings.

5) If a judge is allowed to lie and get away with issuing Orders relying on his

lies a manifest injustice will result if the decision is not reversed. The hearing was

recorded with “On the record” and clearly starts out with Stewart acting as judge,

expressing to Clee the importance of having an attorney and Clee stating he wants

Page 2 of 6
Crumbley Vs., Crumbley
A-1-A-40244
Declaratory Judgement
to proceed without one. The Judge’s Order starts out that Clee nor his attorney

were present, that it was just me acting pro-se. It seems to me, since he could not

steer Clee to say he wanted to get an attorney the judge made it his fact for the case

to give him a reason to deny me relief from being under his overbearing power.

3) There are areas where judicial discretion is appropriate, but when it comes to

not following statutes that clearly lay out the law and lying on orders to maintain

control and not allow due process, that is abuse of discretion.

4) Our case is more than just public record now because the powerful

controlling families that have taken interest in my divorce due to Fowler’s strong

interest in my company. A company she has full control of at this point by illegal

conversion and fraud documents of a lease agreement between the two of them she

had notarized around the end of October 2020 at Eagle Mail and sent to the IRS.

The character of Jo Fowler is marked with embezzlements that were allowed by at

least three family members and forgery, her credibility is nonexistent when you

include her self-serving motives with my business assets.

5) In the Order Stewart lied on, he also stated that the Stipulated Order he

issued was toward me specifically, when in fact it is stipulated toward the business

assets. I asked him why he was allowing tax eversion and he said that wasn’t

exactly true. No, I guess not considering he is trying to make me and not the assets

cover the responsibility when statue stipulates the assets are sold to cover the debt.

Page 3 of 6
Crumbley Vs., Crumbley
A-1-A-40244
Declaratory Judgement
6) On 2/10/2022 Stewart unlawfully called a hearing after he lost jurisdiction of

which I did not subject myself to. Instead, I wrote a “Motion to Set Aside All

Orders for Lack of Subject Matter Jurisdiction.” The next day, without jurisdiction,

he issued an “Order Denying Pending Motions” this man is out of control.

I deserve to be treated like an equal citizen with rights and this man and his cousin

are attempting to make sure I turn out to be a criminal with no rights.

7) I have suffered through an awful amount of abuse from Clee that has now

been carried on by an abusive unrealistic court. These men have turned it into a

control tower of privileged locals to create laws of choice and use all forces

available including hate crimes from my neighbors bullying and intimidating me

off my property. They are ganging up on me to make me out to be a criminal.

8) To proceed with this appeal and all the other cases these corrupt individuals

acting under the color of law have against me with several hearings soon that aim

at taking my freedom from me. I need to know if Tom Foy Stewart has lost subject

matter and personal jurisdiction over the case and me by committing fraud.

9) If so, then I do not need to pay this court to take my appeal, because it is not

final for appeal. I need my case to be transferred to Luna County Courts or

changed venue to Dona Anna County to be resolved.

10) The answer to this question will also satisfy the Writ of Mandamus I filed in

the Supreme Court making it final. It should also give me clarification of the

Page 4 of 6
Crumbley Vs., Crumbley
A-1-A-40244
Declaratory Judgement
validity to the other pending criminal cases against me using a fraud claim of

protection order Stewart Ordered.

11) I am not able to work due to the warrant that is out for me because of the

hate crimes my neighbor is taking against me that made me leave my property. I

told judge Foy I felt he was abusing his powers by allowing fabricated events to

attempt to put a restraining order against me for a person I haven’t even seen in 3

years. I do not know the false claims being made that Judge Foy stated he would

attempt to have me served for if it took the next six years but that is some serious

dedication Foy is putting into allowing more fraud on the court.

12) With all that is going on it will be a serious burden on me to pay for my

appeal because I do not know when I will be free to work again. The answer to the

question “Did Stewart lose jurisdiction over me and my case by lying in an Order

he issued?” Will determine if I need to find a way to pay for this appeal.

March 22, 2022,

Defendant-Appellant

Shanon Crumbley
17 Gold Rush Rd
Hanover, NM 88041
(575) 574-2142
shanon@techie.com

Page 5 of 6
Crumbley Vs., Crumbley
A-1-A-40244
Declaratory Judgement
 AFFIDAVIT OF SERVICE MOTION FOR
DECLARATORY JUDGEMENT

Shanon Crumbley, being duly sworn upon her oath or affirmation, hereby declares
under penalty of perjury that she emailed the foregoing Motion for Declaratory
Judgement to the following people or entities at the address indicated on this 22nd
day of March 2022.

Defendant-Appellant

Shanon Crumbley
17 Gold Rush Rd
Hanover, NM 88041
(575) 574-2142
shanon@techie.com

Clerk of the New Mexico Court of Appeals

P.O. Box 2008
Santa Fe, NM 87504-2008

District Court Clerk

PO Box 2339
Silver City, NM 88062

Tom F. Stewart
PO Box 2339
Silver City, NM 88062

David M. Lopez Attorney for: Clee Crumbley

PO Box 1289 401 Empire Street
Silver City, NM 88062 Bayard, NM 88023

Court Reporter for Judge Stewart

PO Box 2339
Silver City, NM 88062

Page 6 of 6
Crumbley Vs., Crumbley
A-1-A-40244
Declaratory Judgement
 IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

CLEE CRUMBLEY, Supreme Court

Plaintiff - Respondent, S-1-SC-39081
Court of Appeals
v. No: A-1-CA-3876
Sixth Judicial District Court
No: D-608-DM-201700093
SHANON CRUMBLEY,
Respondent - Petitioner

EMERGENCY VERIFIED PETITION FOR WRIT OF MANDAMUS

AND REQUEST FOR STAY

1. Respondent-Petitioner respectfully request that this Court issue a writ

of mandamus, to Tom Foy Stewart acting as Sixth Judicial District Judge to

prevent him from further denying me my Constitutional rights of due

process, compensation for taking my company and equal treatment and

protection under our laws. This man has allowed my limited liability

company assets to be illegally converted into another person’s limited

liability company totally disregarding the Statutes of our state and

threatening the security provided to business owner through statutes that

outline how they are managed. This deprivation of my right has caused me

hundreds of thousands of dollars in loss from my company and allowed an

unassociated third party, Jo Fowler, to take control of Crumbley Trucking

LLC assets through fraudulently reporting an ownership interest in my

Crumbley V. Crumbley
Verified Writ of Mandamus
A-1-CA-3876 Page 1 of 10
company assets to obtain her operating authority and profit illegally off her

fraudulent sole proprietor C & J Transport LLC as we are pending in a final

resolution. Her fraudulent claims are being honored by New Mexico

Secretary of State, Public Regulation Commission and the Internal Revenue

Service because this judge wants to give her preferred treatment. I have a

right to demand that her authority to operate be revoked and her assets be

frozen, she has no legal right to the one and a half million claimed income

she has produced off Crumbley Trucking LLC assets. When the Peterbilt

was taken from our property and hidden less than a year prior we put $38000

into a new motor and just replaced all 36 tires at $5000. My LLC’s assets

have never worked as hard as they are currently, we would work a month

and take two off, now they operate everyday even on weekends.

Continuing to analogize LLCs to close corporations, a comparison of the facts of our case to those
in McCauley shows that the behavior of the Montaños is not on a par with the actions we found to be
oppressive and unreasonable in McCauley. In McCauley, a minority member was cast out by the majority
after divorcing a member of the dominant family. Id. at 526, 724 P.2d at 235. The facts revealed the
following: LaVerne was married to the son of the founding family, the McCauleys. Id. at 524, 724 P.2d at
233. After the couple divorced, LaVerne found herself cut off from the basic essentials that had been
previously provided to her—notably food and lodging for her and her children, clothing, and
transportation. Id. at 529-30, 724 P.2d at 238-39. During and after the bitter divorce proceedings,
LaVerne’s husband warned that she “would never get a damned dime from the corporation” and then told
the majority stockholders, falsely, that she stole and embezzled from the company. Id. at 530, 724 P.2d at
239. LaVerne was removed from her seat on the board of directors, and her first dividend after the divorce
was $600, compared to her husband’s $6,000. Id. at 531, 724 P.2d at 240. The corporation also failed to
hold regular annual board meetings and stockholder meetings. Id. In sum, the majority stockholders clearly
acted in a calculated way to punish LaVerne in the wake of her divorce from the corporation’s principal
member. We agreed with the district court in that case that those actions—which thwarted LaVerne’s
reasonable expectations of playing an active role in the management of the business and sharing in its
profits—thus rose to the level of oppressive conduct. Id.

Crumbley V. Crumbley
Verified Writ of Mandamus
A-1-CA-3876 Page 2 of 10
2. Tom Stewart acting as a judge also deprived me of my rights to equal

protection by honoring Clee with his false claims of abuse after he had

premeditated and attempted to kill me. During the hearing for the protective

order to my objection the judge stated my objection was noted and awarded

him a protective order. About four months later I found one of my old cell

phones in the safe that I use for security, it automatically records sound and

video when there is a noise. Clee turned the phone on not knowing that and

recorded himself talking to his friend, Rene Clark, at length about the best

way to kill me and dispose of the body. That is when I became aware that I

was played as a fool, that he dropped the divorce and came home with hopes

of getting me off our property one way or another and he has a serious desire

to kill me. It was about nine days after the recordings that Clee attempted to

take my life. The judge ignored the facts even when the sheriff went to talk

with him about it, he continued to allow Clee the protective order making a

complete mockery out of the domestic violence program turning it into a

tool of revenge for the abusive partner. The judge has set the stage for

multiple false claims and waste of time and money trying to allow these

criminals what they truly do not deserve.

3. The facts surrounding this case would leave most anyone with the

impression large property owners money influenced the judge to make

Crumbley V. Crumbley
Verified Writ of Mandamus
A-1-CA-3876 Page 3 of 10
unethical judgements. The fact that my husband is involved with a Fowler

and Gail Tatch, both major land holders, showing his appearance at our

merits hearing persuaded the unjust outcome. I have never been the

aggressor of the multiple times I called for help and have enclosed enough

recorded proof to show that Clee made up stories and lied every time he was

questioned. He also admitted to attempting to kill me on two occasions prior

to the premeditated attempt but no one in Grant County wants to hear the

truth I have included some of the recordings on a CD that I mailed today.

4. I am not an attorney and I never wanted to learn what I have had to

over the last three years, just like I never wanted to know that people can be

so cold and have no morals, values or respect for the law. Tom Stewart’s

actions go against the laws and statutes of the State of New Mexico he has

ignored property laws allowed false claims of violence and corrupt actions to

be taken against me. If this man disqualified as he should have done the

issues of bias and prejudice will go away as well. The protective order the

vindictive and malicious charges against me stem from would become null

and void and the district attorney would not be able to further neglect my

rights to equal treatment by prosecuting me for lessor crimes than he refused

to prosecute Clee for stating they were civil matters. This protective order

the judge awarded Clee when he in fact tried to kill me is a complete

Crumbley V. Crumbley
Verified Writ of Mandamus
A-1-CA-3876 Page 4 of 10
violation of my rights and a disgrace to all victims of domestic violence and

the whole program for our community. This undeniable harm has been done

to me please do not let it continue and bring the devastation I have been

subject to on other innocent victims, my health and wellbeing is now

compromised from this sham and my belief in the justice system is shattered.

5. Rule 21-103 - Avoiding abuse of the prestige of judicial office

A judge shall not abuse the prestige of judicial office to advance the personal or
economic interests of the judge or others, or allow others to do so.

Jo Fowler operating my company assets as we are pending a final

resolution is abusing the prestige of judicial office to advance the personal or

economic interests of the judge or others, or allow others to do so.

6. Rule 21-102 - Promoting confidence in the judiciary

A judge shall act at all times in a manner that promotes public confidence in the
independence, integrity, and impartiality of the judiciary and shall avoid
impropriety and the appearance of impropriety.

A judge who is sworn to uphold the law and seek the truth so when

Stewart lied on his order denying disqualification, he failed to demonstrate

in his personal affairs standards of conduct indispensable to a judge of this

state and becomes unfit to sit in judgment of others.

7. Mandamus as remedy to compel assertedly disqualified judge to

recuse self or to certify his disqualification, 45 A.L.R.2d 937, 56 A.L.R. Fed.

494.

Crumbley V. Crumbley
Verified Writ of Mandamus
A-1-CA-3876 Page 5 of 10
8. The Court’s power to issue writs of mandamus encompasses orders

prohibiting public officials from taking unlawful official actions.

“Prohibitory mandamus may well have been a part of New Mexico

jurisprudence even before statehood.” State ex rel. Clark v. Johnson, 1995-

NMSC-048, ¶ 19, 120 N.M. 562, 904 P.2d 11.

9. The whole divorce Clee has been untruthful, vindictive and

completely ruthless while I have nothing to hide, I am beside myself at what

these people called our judicial system are supporting and attacking me over.

Allowing Clee to continue his malicious games calling harassment and

stalking is the courts fault for playing along with his lies and trying to give

him favor. I know this is a color of law civil rights violation and I have had

enough, the waste of time and continued unjust acts are because the court is

no longer functioning as the administer of justice. I’m not looking for

compensation from the extreme harm that has been done to me even though

I most definitely deserve it. I just ask this court to put a stop to this personal

attack on me that is detrimental to our community faith in the judicial

system. Allowing Stewart to remain trial judge will say to people the

domestic violence system is a scam if a person has any issues with a

McCauley, Fowler, Crumbley or Foy they have no chance. There are a lot of

people that know what is happening to me and do not like it but dare not

Crumbley V. Crumbley
Verified Writ of Mandamus
A-1-CA-3876 Page 6 of 10
speak up or they may face the same outrageous personal attacks and be run

out of the community.

10. Judge Stewart has clearly shown instances of gross abuse of

discretion, manifest injustice and palpable excess of authority equivalent to

denial of a settled right to which petitioner is entitled. This man has lost

jurisdiction to be a judge on this case or any case pertaining to me and all the

judgements he has made in any case of mine are null and void.

11. Considering the relation of first cousins to Jim Foy who is a lifelong

close friend of both Fowler and Clee and born the same year I will not get a

fair trial in Grant County District Court. I have a right to have my cases

removed to either Luna or Hidalgo County because if Jim Foy tries to claim

he is not prejudice action should be taken against him. I know for a fact they

are close as Clee has gone to him for advice while I sat in the vehicle more

than once plus his office was hired at one point until Judge Robinson made

Clee put back the money he had tried to take to afford the service.

12. I am up against a whole group of wealthy locals that want to take over

my life and kick me out in the cold. Fowler has taken a lot of actions to get

as many people involved in her plot to take over my company including a

neighbor two parcels down who works for Fowlers. He is also an ex-sheriff

that lies and instigates problems regularly now. He has moved my survey
Crumbley V. Crumbley
Verified Writ of Mandamus
A-1-CA-3876 Page 7 of 10
marker, creating a year and a half long battle, blocked my right of way twice

with county project construction waste, shot his own vehicle then called the

cops falsely reporting it’s me. His daughter calls in false complaints when

I’m not even in the state that I find listed on the grantcountybeat.com they

are attempting to run me out of town, and it is ridiculously disgraceful

behavior that the cops and county are supporting.

13. The main reason Clee and Fowler are operating under C & J Transport

LLC is because they could not get me out of the LLC. That is the reason

Clee attempted to kill me, he came in the door when Rene dropped him off

and said, “if you don’t sign over the LLC to me by Friday, I’m going to put

you out of business”, I laughed and said, “that’s stupid” and I was down

with his hands wrapped around my neck. No man should be able to walk

free from all the unlawful things this man has got away with, but he is even

able to turn the whole truth around and act like he fears me and make me a

criminal. I have suffered 24 months from the judge unlawfully taking my

company from me for Fowler to run under fraud neglecting the $86,000 tax

debt associated to the assets.

14. “Conspiracy against rights” 18 USC 241 of the “Prosecutor” and

“Judge” acting in “Prosecutorial Misconduct” in “Conspiracy to convict”

Crumbley V. Crumbley
Verified Writ of Mandamus
A-1-CA-3876 Page 8 of 10
must be reported to the proper authority. Failure of that authority to

prosecute the “Attorney” and “Judge” is “Misprision of Felony” 18 USC 4.

15. On February 10, 2022, Stewart has called a hearing in which he has

no legal right to proceed over. He has lost his jurisdiction over this case and

any further attempt he makes to act as trial judge and deprive me further of

my rights is fraud on the court.

WHEREFORE, Petitioner requests the following:

1. That this Court find that it has jurisdiction over the parties and the

issues presented.

2. That this Court issue a Writ of Mandamus ordering Stewart

disqualified from this case and future hearings that pertain to me.

3. That this case be transferred to Luna or Hidalgo County or change

the venue to another district.

4. That this Court put a stay on protective order violations against me

and void the order because the protective order constitutes fraud on the court

by the court and should be null and void.

January 20, 2022 Shanon Crumbley

17 Gold Rush Rd.
Hanover, NM 88041
(575)574-2142
shanon@techie.com
Crumbley V. Crumbley
Verified Writ of Mandamus
A-1-CA-3876 Page 9 of 10
 VERIFICATION

I, Shanon Crumbley, Respondent-Petitioner, being duly sworn upon my

oath, state that I have read this Emergency Verified Petition for Writ of
Mandamus and Request for Stay, and that the factual statements it contains
are true and correct to the best of my knowledge, information, and belief

CERTIFICATE OF SERVICE

Shanon Crumbley, being duly sworn upon her oath or affirmation, hereby
declares under penalty of perjury that she emailed a true and correct copy of
this Emergency Verified Petition for Writ of Mandamus and Request for
Stay to the following list on this 20th day of January 2022.

District Court Clerk

PO Box 2339
Silver City, NM 88062
sildadmin@nmcourts.gov

Tom F. Stewart
PO Box 2339
Silver City, NM 88062
Via. District Court Clerk

Clee Crumbley
401 Empire Street
Bayard, NM 88023
ccrumbley1961@gmail.com

Shanon Crumbley

Crumbley V. Crumbley
Verified Writ of Mandamus
A-1-CA-3876 Page 10 of 10