Here’s another whopper from one of The Dread Pro-Se Kimberlin’s court filings. This is from his opposition to my motion to dismiss his first amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.TDPK asserts that I was in on his mythical fraudulent fund raising on behalf of National Bloggers Club in May, 2012. I was a newbie who hadn’t heard of NBC back them.
The real hoot is the “media report” he cites as Exhibit J. It’s supposed to show what we were seeing in the media back in May. The report is dated August.
Then there’s the question of the reliability of the report. It’s from Matt Osborne quoting Bill Schmalfeldt and Breitbart Unmasked as sources.
I couldn’t make this stuff up if I tried.
If I’m senile, that means that I’m showing the signs of being elderly. Could someone please check with Karoli Kuns or some other expert on whether all this harassment I’m receiving from the Cabin Boy™ might be elder abuse?
I mailed the following letter to Bill Schmalfeldt yesterday. He should receive it today.
The Cabin Boy™ is big on making demands.Well, yes, I will have to prove the allegations that I’ve made to the court. To. The. Court. I don’t have to prove anything to The Dreadful Pro-Se Schmalfeldt™. He can yammer all he pleases online, but he won’t get any response from me. All my substantive communication with him will be through the court and related legal processes.
Meanwhile, all is proceeding as I have foreseen.
The Dreadful Pro-Se Schmalfeldt™ lies again.Here’s the complaint that he filed. This is an active case that was posted on PACER about 3:30 pm this afternoon.
This is an incredibly flawed complaint. However, I ask that folks refrain from commenting on TDPS’s errors. Please refrain from showing him how to improve his game. To that end, comments are disabled on this post.
The Dreadful Pro-Se Schmalfeldt™ has announced that he is not going to sue me and nine other persons. He did so in a comment posted here.
Stacy McCain, one of the other prospective defendants, comments here.
The Daley Gator comments here.
I have no comment on the matter.
Last Tuesday, The Dreadful Pro-Se Schmalfeldt™ posted the following on his Patriot-Ombudsman blog (He’s taken it down, but I wouldn’t link to it anyway.)—That information appears to be false.
If one searches for any information related to William Schmalfeldt on PACER, the federal Public Access to Court Electronic Records system, here’s what is returned:The only case in the entire federal system with a document relating to the Cabin Boy™ is The Dread Pro-Se Kimberlin’s RICO Madness. The Gentle Reader may remember that the Cabin Boy™ sent a couple of letters to Judge Grimm which were returned because they had no bearing on that case.
According to the Clerk’s office at the U. S. District Courthouse in Baltimore, if a suit had been filed, even one seeking in forma pauperis status, it would have been posted on PACER not later than close of business on the day after it was received. It would be tagged as pending until the pauper’s status was determined. It’s after close of business, and there’s no such case on PACER. That means that the Clerk did not receive any such lawsuit by Thursday. Even if TDPS had mailed the suit, it should have made it to the court by yesterday. [Note: The clerk providing this information was one of the day-shift crew who works normal business days. The night and holiday staff was not available.]
I suspect that the Cabin Boy™ is lying about filing suit. Of course, I could be wrong. He could easily prove me wrong by publishing what he filed just as he published TDPK’s original RICO Madness complaint.
Don’t hold your breath.
I took a look at the Cabin Boy’s™ latest website (so you don’t have to). Is The Dreadful Pro-Se Schmalfeldt™ really being sponsored by the Rigellian Society for the Prevention of Cruelty to Androids?
It’s hard to choose from among so many, but this may be my favorite of the whoppers that The Dread Pro-Se Kimberlin has included in his pleadings filed in the Kimberlin v. The Universe, et al. RICO Madness. The “reporter” he mentions is Bill Schmalfeldt.The Gentle Reader who has been following the Cabin Boy’s™ antics for the past year or so may wonder if TDPK hasn’t ascribed obsessive and bizarre conduct to the wrong person. It’s the “reporter” who is subject to a peace order, not me. It’s the “reporter” who violated the order over 400 time in less than a month.
For the record—I was not forced to participate in mediation with the Cabin Boy™, but as a result of the mediation, I agreed to ask the State’s Attorney’s Office to drop the charges in exchange for Schmalfeldt’s agreeing to abide by the peace order and drop his appeal of the extension. He has reneged. I didn’t.
Why, I wonder, did TDPK feel threatened by my efforts to see the peace order enforced? Hmmmm. That might be an interesting question for a deposition, if the RICO Madness goes that far.
A website devoted to The Dreadful Pro-Se Schmalfeldt™—Blubber Sues Bloggers.
Say, Gentle Reader, do you notice a certain thematic similarity between these?I’m sure it’s purely coincidental.
Apparently, the Cabin Boy™ is trying to file a lawsuit against me and several other people. Until I’m served a copy of the suit and have discussed it with counsel, I can’t comment on anything related to the substance of the matter … other than to point out that he left mopery with intent to lurk off his laundry list of complaints.
Any of my codefendants-to-be may contact me at firstname.lastname@example.org.
Over at Patriot-Ombudsman (No, I won’t like to it.) the Cabin Boy™ has announced that he has “found” pemason54. (I had no idea he was lost.) As a result of his amazing google fu, Schmalfeldt has posted a comment from someone in Portland, Oregon, and describes the phone message that he left her—demanding … oh, here are the Cabin Boy’s™ own words:
I told the machine my name, gave my phone number, asked if she knew why anyone other than her would be using such a specific, unique e-mail handle, gave her my number again, and said I would take a failure to return my call as meaning she knows who I am and why I am calling.
He says that he will graciously wait “until this evening” before publishing the woman’s name.
Portland, Oregon, huh?
Of course, I have the IP addresses of all the comments that have come in under the name pemason54. The IPs trace to three sets of locations. Two are in adjacent towns in a state on the east coast. The third traces to various locations east of the Mississippi River belonging to a mobile phone carrier.
UPDATE—Stacy McCain has a comment or two here.
It is now past close of business on 15 May, 2014, and the time has expired for me to file an opposition to Bill Schmalfeldt’s petition to the Maryland Court of Appeal for a writ of certiorari for an appeal of the extension of the peace order issued against him. I did not bother to file anything.
Schmalfeldt’s petition is incomplete, but even if the Court cuts him some slack because he’s pro se, he has not raised any new issues of law. I expect that the Court will deny this petition just as they did his appeal of the original order.
Now that the petition is ripe, the paperwork will be forwarded to the judges for consideration. They’ll deal with it when they get to it.
Bill Schmalfeldt has yet another cut-and-paste “book” out. It’s called Cyber Ins@nity. The Cabin Boy™ has been whining about reviews from people who haven’t actually read his books. Fair enough. Since I’ve read this one, and it was a quick read because it’s mostly recycled from earlier work that was pulled for copyright issues, I’m entitled to review his book under his rules.
Bill Schmalfeldt should have had his work reviewed by competent legal counsel prior to publication.
End of review.
“Drown me! Roast me! Hang me! Do whatever you please,” said Brer Rabbit. “Only please, Brer Fox, please don’t throw me into the briar patch.”
Not surprisingly, we have another one from the Cabin Boy™. (H/T, @embryriddlealum)According to their communication with me, CreateSpace doesn’t need to see any documentation from me. They’ve pulled Schmalfeldt’s book until a “resolution has been reached between both parties.”
Since I do not wish to grant permission to anyone to publish the work in question in book or ebook form, the matter is now resolved as far as I’m concerned.
Mrs. Hoge received the following email. Note that it has a bogus return address. The headers show that it was sent via a remailer service.
Subject: Local “minister” WJJ Hoge is no one to admire. Vile harassment lobbied against disabled man.
A copy of what has been sent to Sheriff’s office, the local news and, of course, the forestry board. Thank your husband for any attention you get.
WJJ Hoge of Westminster, a man who claims to be a minister, is waging a petty war against a Parkinsons sufferer. Why? Because they dislike one another. Mr. Hoge has admitted ownership of the content attached in the link below. It is filthy and meant only to emotionally harm his “enemy” and nothing more.
One other time Mr. Hoge was angered, he created this online movement meant to harrass local officials:
Everyone Blog About Howard County SA Office
This man claims to be doing the lord’s work, believes he is standing up for Jesus. In truth, he is a bully, a hypocrite and someone who can only create walls and vitriol. Online harassment is something we take seriously when it involves children, but we ignore it when it comes to disabled adults. Is this what Maryland has become?
His wife, Connie, is a member of the Forestry Board and, therefore, a public figure.
Mrs. Hoge forwarded this message to me, and it popped up on my iPhone while I was at a Candidates’ Forum being held in the studios of our local public access cable station. There were two panels that night. The first was the candidates for Sheriff. The second was the candidates for State’s Attorney.
Sometimes it’s good to be able to share things with your neighbors.
UPDATE—The Cabin Boy™ says he didn’t send the email.
The email refers to “what has been sent to Sheriff’s office,” but the complaint Schmalfeldt filed is timestamped 18:00 on 30 April, and the headers for the email show a timestamp of “30 Apr 2014 17:48:48.” (See the comment section below.). Now, who other than the Cabin Boy™ would have been aware of the contents of the complaint to the Sheriff 11 minutes before it was filed?
My, my, my, the Cabin Boy™ certainly seems full of … himself.Now, that’s silly. Everyone knows that the letter W belongs to George Bush.
The Cabin Boy™ also says: “I have advised Howard County of this, [sic] and will copy them on this complaint.”
I’ll let the Gentle Readers know if anyone contacts me about this.
UPDATE—He forgot Mopery with Intent to Lurk.
Bill Schmalfeldt recently published a book called Intentional Infliction. On pages 3 through 12 he published without permission a blog post by the pseudonymous blogger Paul Krendler. Schmalfeldt bragged that he could do so without penalty: “I doubt he will try to sue me for copyright, since he would have to review [sic] his actual name.” Mr. Krendler objected to Schmalfeldt’s misappropriation of his work and sought a way to enforce his copyright.
Mr. Krendler has sold the world book and ebook rights to the web posting in question to me. He has retained all other rights. I now own the rights to publish the material in book or ebook form, and I have taken the initial steps to enforce those rights.
UPDATE—The Cabin Boy™ is acting as if he believes he’s some sort of Grand Inquisitor.It’s none of his business.
I wouldn’t reproduce the admittedly obscene images the Cabin Boy™ posted of me because they are well beyond the standards for this website. However, I can’t post them even if I wished to. They were introduced into evidence during the 9 December, 2013, hearing on the extension of the peace order, and Judge Stansfield has sealed that portion of the evidence.
Given that the case file has been transferred, the only people who now have legal access to those images are the judges of the Maryland Court of Appeals.
BTW, I’m not kidding when I say that the Cabin Boy has admitted that he intended for the images to be obscene.One more thing … the image Schmalfeldt in complaining about was posted in the comment section here at Hogewash!, and I took it down as soon as I became aware of it. It was well beyond the standards for this blog. OTOH, goose … gander.
It seems that the Cabin Boy™ is still getting his legal advice from Acme.Where to begin? I guess I’ll just take it from the top.
1. Schmalfeldt did not file an “appeal brief;” all he filed was a Civil Appeal Information Report for the Court of Special Appeals. According to Md. Rule 3-803, one key item is missing from his petition. Since he’s pro se, the Court of Appeals may overlook the omission, but even if they do, he has raised no new legal arguments. Since he has given them no new reason to hear his appeal, I expect that they will deny his petition on the same grounds as they did last time.
2. Res judicata applies to the original peace order. That case is closed and not subject to relitigation. That matter is settled.
3. Schmalfeldt v. Hoge is on the Court’s Petition Docket. This only means is that the Clerk has received it and assigned it a tracking number. It does not mean that the judges have accepted the case for an appeal. If they do, it will be moved to the Regular Docket, and the case will proceed as the Court directs. In the unlikely event that the appeal is allowed, the next step is usually a round of briefing from the petitioner and respondent. We’ll see if it gets that far.
UPDATE—I’m told that the Cabin Boy™ is blabbering on teh Twitterz about how wrong I am.
Like they say in the financial prospectuses, “past performance is not an indicator of future returns,” but it’s a safe way to bet. So consider how accurate Schmalfeldt’s predictions from 2013 of my crushing defeat in the appeal to the Circuit Court, my being clapped in irons (I found that one particularly amusing), or his quick victory in the Court of Appeals. You can believe Acme, or you can believe what real lawyers tell me. Either way, your belief will have no effect on what the Court does.
And stay tuned.
There’s no need to get all worked up as some folks on teh Twitterz seem to be this evening. Better to chill and meditate on pleasant thoughts. Or to contemplate a soothing phrase such as res judicata.
Petition Docket No. 29 for the September, 2014, term of the Maryland Court of Appeals is Schmalfeldt v. Hoge, the Cabin Boy’s™ appeal of the extension of the peace order in place against him. His appeal paperwork (such as it is) is shown below. A respondent is allowed 15 days in which to answer a petition for a writ of certiorari. That time begins running either when the petition is completely filed (with any supplement) or, if no supplement is filed, when the time allowed for its filing runs out. The Cabin Boy’s™ time ran out yesterday without his filing a supplement, so I have until 13 May to file my answer.
I went by the Clerk’s Office at the Court of Appeals to see what he had actually filed. Since he has not raised any new issues of law and since the Court denied his petition for certiorari the last time around, I see no reason to file anything further. I doubt the Court will change its mind about the validity of Schmalfeldt’s legal arguments. There’s always the chance that they might, but the odds are small. Even if they grant his petition, all that means is that he has permission to appeal, not that he has won.
Let me make a couple more points.
First, the Gentle Reader should note that the Cabin Boy™ is only appealing the extension of the peace order. Even if he were to win his appeal, the original order would still stand, so he will be an adjudicated harasser regardless.
Second, a peace order is a civil proceeding. Maryland’s expungement statute applies only to criminal proceedings. Thus, peace orders cannot be expunged.
UPDATE—Fixed a typo. 13 April should read 13 May.