There are multiple instances of self-contradictory allegations in The Dread Pro-Se Kimberlin’s second amended complaint in his Kimberlin v. The Universe, et al. RICO Madness. Here’s one of my favorites. In his allegation of Count I of the complaint, that’s the actual RCIO count, TDPK writes this—TDPK defines “all relevant times” November, 2011, through February, 2014.TDPK named the following defendants—Notice that Ace of Spades is one of the named defendants. Thus, one of the allegations TDPK makes in Count I is that Ace of Spades participated in the alleged RICO enterprise at all relevant times, i.e., beginning in November, 2011.
Now, take a look at what he writes about Ace of Spades in the section he had the audacity to label STATEMENT OF FACTS.TDPK wants the court to believe that Ace of Spades participated in the imagined RICO enterprise for six months before he joined it.
“[W]hen a complaint contains inconsistent and self-contradictory statements, it fails to state a claim.” Hosack v. Utopian Wireless Corp., Case No. 11-CV-00420-DKC, ECF No. 15 (D.Md. 2011) at 12. And the example above is but one of many in TDPK’s second amended complaint.
It will be interesting to see what mix of bizarre legal theories and bogacious “facts” Brett Kimberlin will try to spin together for his omnibus opposition to the defendants’ motions to dismiss his second amended complaint. His magnum opus is due on 8 December.