Team Kimberlin Post of the Day

One of the problems that The Dread Pro-Se Kimberlin should be considering in the drafting of his omnibus opposition to the stack of motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness is Federal Rule of Civil Procedure 11(b)(3) which requires that

the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery …

For example, consider this from paragraph 249 of his second amended complaint.

ECF 135-249There is not only no evidence to support that contention, the evidence refutes it. With only one exception, I have never been in the same place as Brett Kimberlin other than in a courthouse (or its near environs such surrounding sidewalks or parking lots) for an open hearing where I was either a party or covering the open hearing for this blog. Obviously, when I was a party at a hearing, I had every right to be present. Similarly—as the judge told TDPK when he tried to have me thrown out of a courtroom during a hearing—members of the public have the right to attend open court hearings, and I have a First Amendment right to cover open hearing as a blogger. There’s no stalking there.

The exception occurred at the Carroll County Senior Center on 27 January, 2014, during the mediation session between Bill Schmalfeldt and me concerning the disposition of peace order violation charges against Schmalfeldt. Kimberlin was in the building. He had driven Schmalfeldt to the meeting. Of course, he had the right to give Schmalfeldt a ride, but the meeting was not open. He had no right to be hanging around the Senior Center during the meeting.

TDPK has provided transportation for Schmalfeldt for hearings in District Court in Howard County and District and Circuit Courts in Carroll County. He attended those hearings. He also attended a Hoge v. Schmalfeldt hearing in U. S. District Court in Baltimore. If the theory of hearing attendance that he wishes to apply to me is valid, then he has been stalking me. Fortunately for TDPK, that bit advice he’s had from Acme is wrong.

popcorn4bkOn the one hand, I suspect it will be somewhat exasperating to have to deal with yet another bogus court filing from TDPK. On the other, I do have a certain curiosity to see what sort of nonsense he throws out. He has until close of business next Monday to get his opposition to the court.

Tick, tock.

The Edge of the Moon

SDO_transitThe Moon partially obscured the view of the Sun from the Solar Dynamics Observatory last Saturday. This lunar transit was visible only from SDO’s point of view in space. SDO imagery during a lunar transit always shows a crisp horizon on the Moon. That edge is well defined because the moon has no atmosphere around it to distort the sunlight. The horizon is so clear in these images that the irregularity resulting from mountains and valleys in the terrain can be seen. Click the image to embiggen it, and pan across the Moon’s horizon. It’s a 4k x 4k image, so you may have to click it twice to see it full size.

Image Credit: NASA

Team Kimberlin Post of the Day

According to Judge Hazel’s order, The Dread Pro-Se Kimberlin was supposed to have responded to the court with either a motion for a preliminary injunction or a notice withdrawing his request to file such a motion not later than 28 August, 2014. Here’s the envelope in which TDPK mailed his withdrawal notice.ECF192-1It was mailed on 29 August, one day late.ECF 192-1 postmark#Fail.


Prevarication Du Jour

rnusa201408011918ZOh, I’m lying, am I?

Here’s what I allege in paragraph 19 of my Amended Complaint.WJJH v WMS ECF 9-19WJJH v WMS ECF 39-19Here’s is how The Dreadful Pro-Se Schmalfeldt™ answered that allegation. There’s no qualification. He made a flat-out denial of everything alleged in the paragraph. That means that he denied publishing the ebook and that he offered it for sale. That may not have been what he meant, but it is what he said.