My Second Motion to Dismiss

The Dread Pro-Se Kimberlin has filed a Second Amended Complaint in the Kimberlin v. The Universe, et al. RICO Madness. Here is my motion to dismiss.

The motion speaks for itself. I do not wish to make any further comment on this motion until the Court has ruled on it.

48 thoughts on “My Second Motion to Dismiss

    • Twinkie…i don’t quite understand, perhaps a long, irrelevant video of your ugly face blabbering on and on will make me stop. Go for it.


  1. Since you didn’t ask me, heh, I’ll give you my opinion. I liked it. You did not rehash things, there was NO whining, and you were succinct. Judges and clerks are busy and often overwhelmed. Something like this, whether the court ends up granting your motion or not, is like a breath of fresh air.

    • Well done, A Reader, aptly describing Mr. Hoge’s excellent work. Very, very clear, easy to follow, not repetitive — I could go on and on. Perhaps most important, Mr. Hoge, your pleading was very factual, with absolutely no emotion or extraneous info. Extremely well done!

  2. Shouldn’t BS start worrying about who is rolling over on him?

    I wonder if the latest round of deletions and the blog disappearance are a sign the Feds have finally gotten around to visiting.

  3. Completely off topic, but since people are talking in Latin and gobbledygook, I thought I’d throw this in for the philosophically and or religiously inclined:

    “The modern age is suffering from spiritual and philosophical starvation in the midst of what should be the greatest feast of mind and spirit imaginable. Someone has told them offal was food and food was poison, and so they gnaw on foul things which cannot satisfy them, which make their hungers grow. They are dying of thirst, and someone offers them seawater to drink.” John C. Wright, science fiction author, at his blog:

    • Nothing new under the sun:

      “The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated? Instead, you yourselves cheat and do wrong, and you do this to your brothers and sisters. Or do you not know that wrongdoers will not inherit the kingdom of God? Do not be deceived: Neither the sexually immoral nor idolaters nor adulterers nor men who have sex with men nor thieves nor the greedy nor drunkards nor slanderers nor swindlers will inherit the kingdom of God. And that is what some of you were. But you were washed, you were sanctified, you were justified in the name of the Lord Jesus Christ and by the Spirit of our God.

      “I have the right to do anything,” you say—but not everything is beneficial. “I have the right to do anything”—but I will not be mastered by anything. You say, “Food for the stomach and the stomach for food, and God will destroy them both.” The body, however, is not meant for sexual immorality but for the Lord, and the Lord for the body. By his power God raised the Lord from the dead, and he will raise us also. Do you not know that your bodies are members of Christ himself? Shall I then take the members of Christ and unite them with a prostitute? Never! Do you not know that he who unites himself with a prostitute is one with her in body? For it is said, “The two will become one flesh.” But whoever is united with the Lord is one with him in spirit.”

      1 Corinthians 6

  4. just wondering, does the court have to wait till all the defendants have filed their motions to dismiss (if they are going to) before it can rule on any?
    If the judge grants Hoge’s motion to dismiss, is that just for Hoge or everyone named as defendant?
    yeah IANAL and I’ve never been sued by have been wanting to ask this….

    • It really depends. Hoge is asking for himself for the most part. I believe the court either has or will put a case management order in place, and that should govern who can file what and when.

    • The judge can dismiss the suit entirely against all defendants without any motion at all. He like won’t in virtually any case, but a judge can. From what we’ve seen so far from this particular judge, I would guess that he’ll do things in order, in the usual fashion, which for him seems to be in groups. Again, just a guess.

      What I’m much more interested in learning is what he’s going to do with the show cause – a hearing? A referral to the prosecutor? A bench warrant?

      It seems to me the judge has cause to find him in civil and criminal contempt; to provide him access to a lawyer (for the criminal contempt), deny bail pending a hearing, and refer the matter to the prosecutor and to the relevant parole dept. to institute proper proceedings. JMO, and not the most likely course, just a possibility that occurred to me.

      • Judges so rarely smack those who deserve it that when they do, like what happened in the Prenda Law imbroglio, everyone pulls up a chair and goes, yahoo!

      • Gaaaah! TDPK was actually the 2012 Censorious Asshat of the Year. I’m sure that makes my comment FALSE!!! and DEFAMATORY!!! and I’d insist that Mr. Hoge TAKE. IT. DOWN. except that he doesn’t have to and i really have no way or any desire to force him to MAKE. IT. STOP.

        So sue me.

  5. I liked this line:
    “He does not show that that any act was done with the intent to cause damage to Plaintiff’s LAWFUL business.”

  6. In case anyone else was as worried as I was, BS has his blog back up. He took it down a few hours ago because he feared for his life
    : is back. I am not going to do battle with Hoge outside of a courtroom.

    I’m not sure what that means.

    But then again, neither does he.

    • It means he tried calling the county PR flack who laughed at him yet again. So he knew the PR flack wasn’t going to look at the twenty seven eight-by-ten colour glossy
      Pictures with the circles and arrows and a paragraph on the back of each
      One explaining what each one was to be used as evidence against us.

      • Or he was making edits before posting it live again, hiding some nefarious behavior that would land him in hot water.

        Speaking of said hot water, if he wants to talk defamatory statements, he has referred to me as a skank on numerous occasions and stated I am developmentally disabled. (All screen-capped, of course.) since I can prove I am not of low or sleazy character and am not developmentally disabled, both descriptions are defamatory and could affect my social standing and professional reputation. He may want to apply his own rules to himself. He has also suggested I eat rat poison, which could as easily be perceived a threat as any of the crap he has felt necessary to report to law enforcement.

      • Texasslant

        there are strong but rarely used statutes in Texas and in Tennessee, concerning the language Bill is using in demeaning people.

        In Texas – certain language clearly meant to be provocative and demeaning can and will be prosecuted especially if they are online. In Tennessee its even more strident, let’s all remember the person (the son of a long time politico) who hacked into Gov Palins personal email wasn’t convicted as much on the trespass but on the deliberate slander and libel on what those emails said or actually didn’t say. He was convicted by a democrat who reluctantly prosecuted the case – but I can assure you know most of the DA’s are republicans who will follow the law.

        One thing I always find interesting is that progressive activists and attorneys think the first amendment applies word for word on the establishment of religion but in free speech and any other inconvenient amendment it means what they want it to mean.

        I would recommend that you seek all options in Texas, he is calling you very nasty names and in Texas that’s a big no no.

Leave a Reply