The Dread Pro-Se Kimberlin has been trying to claim in his Kimberlin v. The Universe, et al. RICO Madness that he has a “property right” in his employment by Justice Through Music Project and that I have committed extortion (a predicate crime that can trigger RICO) by trying to get him fired. Here’s how I addressed that in my motion to dismiss.Notice that I cited chapter and verse of a Supreme Court decision and pointed out that his allegation did not specify what “thing” I might have acquired by getting him fired. I also noted that he did not bother to specify when, where, and how I said or wrote that he should be fired from his job.
His task in opposing my motion was to show where in his complaint he did, in fact, plead the things I said were missing. Here’s what he submitted instead.Did he show where in his complaint he specified what “thing” I would receive? No.
Did he show where in his complaint he specified when I advocated his being fired? No.
Did he show where in his complaint he specified where I advocated his being fired? No.
Did he show where in his complaint he specified how I advocated his being fired? No.
Oh, and one more thing … the case that TDPK cited in his opposition as authority for his position was Northeast Women’s Health Center v. McMonagle, 868 F.2d 1342 (3rd Cir. 1989), which was struck down by the Supremes in Scheidler v. National Organization for Women, Inc.