This is what The Dreadful Pro-Se Schmalfeldt wants us to believe:
I don’t believe he’s telling the truth, and here’s why.
The metadata attached to the PACER file for his Answer to my Complaint in the copyright suit shows that the pdf was created by an Eastman scanning system of the sort use by the Clerks office at the U. S. District Courthouse in Baltimore. That is consistent with it having been scanned from the paper copy the Clerk received in the mail.
The metadata attached to the pdf file which the Cabin Boy™ posted to Scribd contains the following information.
That is consistent the final pdf having been produced by the program LibreOffice using Version 1.4 of PDF. However, all of Scmalfeldt’s other final pdfs show this in their metadata.
All these files were created using Apple’s Quartz and a different version of PDF. BTW, the amended version of his Answer also shows the Apple-based creation data.
That much information is available about the files by simply opening them in Adobe Acrobat and clicking on the Properties menu item. There are other tools that can ferret out more interesting data.
The evidence seems very clear that the first version of TDPS’s Answer and Counterclaims were not created on his Mac. Based on a review of the metadata in the file, it appears to have been created on a Windows machine using LibreOffice and a 28-line pleading paper template.
TDPS might want to review Federal Rule of Civil Procedure 11(a) and Local Rule 102.1(a)(ii) before he files any further court papers.
UPDATE—One more thing … LibreOffice running on a Mac uses Quartz and Ver. 1.3 of PDF. I just verified that on my Mac.
UPDATE 2—When the Cabin Boy™ posted his Answer and Counterclaims on Scribd, I downloaded a copy in case he decided to send it down the memory hole.
As you can see, the file he posted on 4 June was created using LibreOffice. BTW, I’m not the only person who downloaded the file just after he posted it, and I’m not the only person to have noticed that Bill probably didn’t create the file.
UPDATE 3—U. S. District Court for the District of Maryland Local Rule 102.1(a)(ii) states:
When a party is appearing without counsel, the Clerk will accept for filing only documents signed by that party. Attorneys who have prepared any documents which are submitted for filing by a self-represented litigant must be members of the Bar of this Court and must sign the document, state their name, address, telephone number and their bar number assigned by this Court.
Local Rule 101.1(a) says:
Except as otherwise provided in this Rule and in L.R. 112.3 and 28 U.S.C. § 515, only members of the Bar of this Court may appear as counsel in civil cases. Individuals who are parties in civil cases may only represent themselves. Individuals representing themselves are responsible for performing all duties imposed upon counsel by these Rules and all other applicable federal rules of procedure. All parties other than individuals must be represented by counsel.
What all that means is that a pro se litigant can only represent himself and that anyone who represents another person in the court must be a lawyer admitted to practice before the court. It’s OK for a pro se litigant to get a lawyer to write a court paper, but that lawyer has to be a member of the court’s bar and must properly sign the paper. It’s not OK for someone who his not a lawyer to draw up court papers for a third party.
UPDATE 4—One last bit of clarification for those with poor reading comprehension. The likely scenario goes like this: Mr. (or Ms.) X creates the Answer and Counterclaims using LibreOffice and gives the pdf and probably a .docx file to the Cabin Boy™. The Cabin Boy™ prints the file, and the hard copy goes to the court where it is scanned in. The Cabin Boy then uploads the LibreOffice pdf to Scribd. The Scribd file is downloaded by several individuals who find the LibreOffice metadata. I drop a hint on a blog post. The Cabin Boy™ then prepares his amended Answer and Counterclaims using Microsoft Word and tries to BS his way out of being caught.
#Pwned
Typo – “believe.”
That is going to be one tired monkey tonite.
He is dancing up a storm.
Here, Bill, have a banana.
Oh, and as for the update – seriously?
Argh, not the update, the part about the FRCP and the local rules.
BS, who has repeatedly accused Hoge of criminal fraud and suborning perjury, wants an apology. For what, I’m not sure, but apparently for being caught in a prevarication du jour.
For those of us who are not nearly as deep in the weeds on legal requirements, can you explain the problem? Since you’ve given these details, I’m assuming it’s no longer a secret from TDPS, but I at least don’t see why this is significant. Thanks.
To sum up: The Federal courts emphatically do not like ghost written pleadings.
I concur with AWG. If the problem has been brought to TDPS’s attention already, I would like it to be explained to us, because it’s completely opaque to me so far.
” BTW, I’m not the only person who downloaded the file just after he posted it, and I’m not the only person to have noticed that Bill probably didn’t create the file.”
Should one say, “Oops”?
Reblogged this on Dead Citizen's Rights Society.
Some people Just. Can’t. Shut. Up. even if their life depended on it. And if you believe the Cabin Boy™, his does!
Is it really so that a layperson third party can’t assist a pro-se plaintiff? I understand the necessity of any attorney being accountable for his work product, and accepting only those pleadings, papers, filings which have been created by an attorney if the attorney is admitted to the bar and declares his participation in their creation.
But, I don’t see the same standard applying to some oaf who is not an attorney and is admitted to no bar anywhere and doesn’t hold himself out to be an attorney. So your mom can help or your next-door-neighbor can help you out, if they aren’t real attorneys and never pretend to be.
An example of where the Federal courts are cracking down on non-attorney “assistance” is the bankruptcy petition preparer field, where the courts are often bringing them in on orders to show cause in my district.
It amounts to practicing law without a license.
Has anyone determined if anyone associated with ACME Legal is actually a Member of the Bar or they all just dreadful pro se paralegals?
That, Ms. Scarlet, is a FASCINATING question, given the close association of two attorneys with BK non-profits.
For some reason that accusation BK keeps flinging around about somebody ‘practicing law without a license” is nagging me in this instance…
Doesn’t want the competition, I suppose…
Hello, Cousin Bill! Bless your heart…
It would be awesome if our host has other pdf files created in the same Win programs.
Fingers crossed that he does.
I love Win vs Mac fights.
Meanwhile, back in the jungle…
The Elkridge Horror continues to demonstrate to all of us just how frantically he is trying divert attention away from the substantive issue now at hand – who really wrote the actual material he submitted and is there a “practicing law without a license” matter here?
Truth be known, the Elkridge Horror has not even attended one count them one bona fide class in a course at any accredited law school; a class such as Civil Procedure or Contracts , you know, basic first year stuff. The Elkridge Horror would never make it through the first day’s grilling by a seasoned law school professor, finding himself vomiting profusely under the strain of Socratic dialogue while his fair-weather mentor continuously snickered and giggled from the relative safety of his seat in the last row.
No, the Elkridge Horror has once again been exposed to one and all as nothing more than an absolute fraud, a sniveling coward who crudely imposes his warped and decayed sense of morality on those with whom he senses weakness, real or imagined. His ‘doxing’ or ‘outing’ of the innocent Johnstown, Pennsylvania area dentist followed immediately by the blatantly criminal extortion of the innocent victim of the Horror’s warped sense of “vigilante” justice conclusively demonstrates that the latter now permanently resides outside the acceptable parameters of civilized society and must be segregated from it. He is nothing more than a mindless predator bent on savaging the rest of society whom he intuits deprived him of his rightful position and deserved glory……”EMPEROR WILLIAM MAXIMILIAN SCHMALFELDT I…. In reality, he has continuously exposed himself as the “Emperor with NO clothes” a fitting epitaph to an insignificant pile of steaming horse manure lying in the middle of a deserted country road. (with apologies to the horse)
I met a traveller from an antique land
Who said: `Two vast and trunkless legs of stone
Stand in a trailer park. Near them, on the sand,
Half sunk, a bloated visage lies, whose frown,
And mayo-smeared lip, and sneer of cold command,
Tell that its sculptor well those passions read
Which yet survive, stamped on these lifeless things,
The hand that mocked them and the heart that fed.
And on the pedestal these words appear —
“My name is Parvocampus, king of kings:
Look on my works, ye Hogeists, and despair!”
Nothing beside remains. Round the decay
Of that colossal wreck, boundless and bare
The lone and level sands stretch far away.’
(with apologies to Percy Bysshe Shelley)
Several midshipmen at Annapolis were caught I believe in a cheating scandal doing this exact same thing, if I am remembering correctly – so its not something out in left field
But I’m sure if someone is a jailhouse “lawyer” who has filed “hundreds” of cases, then zipping off a document for a friend would not be an issue.
Technical ignoramus…
*smh*
Hard to believe he’s kin.
Hi, Cousin Bill! You really shouldn’t use tools you don’t understand – they might hurt you!
I actually think he should stop using his computer directly for some stuff. Really. All sorts of data get stuck inside online documents. Bring it to the copy shop and let them do the pdf. That way you don’t give away too much. But change out of the goofy security uniform, toss the timers, and wash out the trunk of the Impala before you go. Wait. Which of these guys are we talking about?