One the most risible ways that Brett Kimberlin has hurt himself in his various LOLsuits is by introducing evidence which contradicts his own claims. The TKPOTD from three years ago today gives an example from a filing in the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit.
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In his opposition to Lee Stranahan’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin claims that there has been no final judgment in the state Kimberlin v. Walker, et al. nuisance lawsuit. He writes:
Moreover, there is no final judgment in that state case.
To prove his point he attached a copy of an order from the Court of Special Appeals relating to his appeal of the case. The first sentence of that order reads:
On November 14, 2014, the Circuit Court entered an Order dismissing the case.
This is another example of one of Kimberlin’s exhibits supporting the defendants’ rather than TDPK’s case. Dismissal is final judgment. Moreover, since dismissal was based on Kimberlin’s failure to present a “scintilla” of evidence to support his claims, it’s a judgment on the merits.
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Ultimately, a three-judge panel the Maryland Court of Special Appeals affirmed the judgment of the Circuit Court. The
Dread Deadbeat Pro-Se Kimberlin petitioned for an en banc review by the entire court which was denied, as was his petition for a writ of certiorari to the Court of Appeals (Maryland’s top court). He failed to file a timely petition for review by the Supreme Court, so the case is not only merely dead, it’s really, most sincerely dead.
I wonder … does TDPK still think the judgment isn’t final?