Almost two weeks ago, The Dread Pro-Se Kimberlin filed a notice of appeal in the Kimberlin v. Frey RICO Remnant LOLsuit. That suit is referred to as the RICO Remnant case because it is the sole count from the original Kimberlin v. The Universe, et al. RICO Madness LOLsuit which survived motions to dismiss. As one of the original defendants in the RICO Madness LOLsuit, I was concerned that I might be included as an appellee, so last Wednesday, Kimberlin was served with a letter warning him not to frivolously include me in his appeal. The Fourth Circuit Court of Appeals now has the case docketed, and it appears from PACER that I am not an appellee.
The Court of Appeals has also issued the Briefing Order for the case.
TDPK has filed a motion to unseal portions of the sealed record for use in his appeal. The Briefing Order contains explicit instructions on how to file the sealed portion of the District Court record in his appeal. Given that there is no factual or legal basis for Kimberlin’s motion to unseal, I expect that Judge Hazel will not even bother to deny it.
TDPK’s opening brief is due on 14 September.