The Dread Pro-Se Kimberlin is a convicted perjurer. Maryland law prohibits convicted perjurers from offering testimony in court. Since that disability does not apply in federal court, I suspect that one of the reasons for the Kimberlin v. The Universe, et al. RICO Madness is get around that disability.
This is from TDPK’s second amended complaint.Certainly, his RICO and civil rights claims raise federal questions, so the federal court does have jurisdiction there. However, the court does not have jurisdiction based on diversity of citizenship. That cannot exist because Brett Kimberlin and I both reside in Maryland. That disconnect applies as long as I’m a party to the lawsuit.
The court only has jurisdiction on the state law claims if it has concurrent federal jurisdiction. Otherwise, TDPK has to sue in state court for those claims which puts him up against his perjury problem. Thus, it is critical to TDPK’s case to salvage one of the federal causes of action.
TDPK either must find a way to save at least one federal claim out of the alleged facts contained in his second amended complaint or he should expect to see his suit dismissed. The court has order no amendments to the complaint, so he isn’t supposed to allege any new facts. Each of the motions to dismiss points out apparently fatal deficiencies in his allegations. In my motion I show that he has not properly alleged that I committed any of the predicate acts to support a RICO claim and that he doesn’t properly allege a violation of the Ku Klux Klan Act by me. His other federal claim only applies to Patrick Frey.
If Brett Kimberlin were smart, he’d dismiss the whole lawsuit. Since he isn’t and won’t, the best he can hope for is that the motions to dismiss will be granted. Otherwise, the defendants will have to answer the suit, and discovery will begin. I leave it to the Gentle Reader to imagine some of the topics that will be raised by the 20 remaining defendants. Did I mention that we each get to ask 30 interrogatories or that we each get 30 requests for production of documents or that we each get to submit 30 requests for admissions? And did I mention that we all get to conduct depositions?
That omnibus opposition to our motion to dismiss is due in less than two weeks.