I’ve previously noted that The Dread Pro-Se Kimberlin needs to answer the points that we defendants have raised in our motions to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. He needs to explain why the “facts” he has alleged in his complaint are sufficient to establish a claim upon which the court can grant relief. That explanation is due on 8 December in the form of an omnibus opposition to our motions.
Remember that at this stage of the proceeding the court is supposed to give TDPK the benefit of the doubt as to whether or not his allegations are true.
Here’s one of them—OK. Let’s pretend for the sake of argument that what he says it true. So what? How could writing mean things about the Howard County State’s Attorney have injured Brett Kimberlin?
It couldn’t have caused him any injury in his business or property, so it is not basis for his RICO claim.
It doesn’t have anything to do with Patrick Frey, so it is not a basis for the civil rights claim against him.
It doesn’t involve race- or class-based discrimination against TPDK, so it is not a basis for a claim under the KKK Act.
It doesn’t have anything to do with per se, so it is not a basis for any of his state law claims of defamation, false light invasion of privacy, interference with prospective business, battery, conspiracy, or mopery with intent to lurk.
Like so much of his complaint, nothing in that half-page of gobbledygook supports anything in his case. It’s all wasted pixels and toner. The challenge facing TDPK over the next two-and-a-half weeks is to try to salvage the elements of at least one on the causes of actions he’s alleged out of the dreck in his second amended complaint. Thus far, it seems that he’s been frittering away his time on nonsense such as the motion for a new trial in the Kimberlin v. Walker, et al. nuisance lawsuit.