Here’s another bit of fisking of The
Dread Deadbeat Pro-Se Kimberlin’s informal opening brief in the Kimberlin v. Frey RICO Remnant LOLsuit appeal. He makes the following patently false assertion on p. 19—
There is no provision under law that allows a party to appeal under seal in normal civil matters such as the instant case.
Bullshit! Not only is filing an appeal under seal allowed, it is required in some cases. Here’s what Federal Rule of Appellate Procedure 25(a)(5) says—
Privacy Protection. An appeal in a case that is governed by … Federal Rule of Civil Procedure 5.2 … is governed by the same rule on appeal.
The relevant parts of Federal Rule of Civil Procedure 5.2 read as follows—
(d) Filings Made Under Seal. The court may order that a filing be made under seal without redaction. The court may later unseal the filing or order the person who made the filing to file a redacted version for the public record.
(e) Protective Orders. For good cause, the court may order in a case:
(1) require redaction of additional information; or
(2) limit or prohibit a nonparty’s remote electronic access to a document filed with the court.
It’s clear that Judge Hazel acted within the parameters of FRCP 5.2 in issuing a protective order and requiring certain filings to be sealed in the RICO Remnant LOLsuit. It’s also clear from FRAP 25(a)(5) that the Fourth Circuit has acted properly in maintaining the lower court’s seal.
But TDPK argues otherwise.
Stupid is as stupid does.