On Monday, I wrote about one of the times that Brett Kimberlin sought to have a judge disqualified. Today, we’ll take a look back to the TKPOTD for five years ago today. That post dealt with a failed motion for reconsideration of a certiorari petition based a false claim that a judge should have recused herself.
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Earlier this month, The Dread Pro-Se Kimberlin filed a motion for reconsideration with the Maryland Court of Appeals (the State’s highest court) seeking a do-over on his petition for a writ of certiorari appealing his loss in the Kimberlin v. Walker, et al. nuisance LOLsuit. He based his motion on “fact” that Judge Battaglia had been involved in the revocation of his parole back in the late ’90s when she was a U.S. Attorney and should not have participated in the decision to deny his petition. He withdrew his motion after Hogewash! pointed out that Judge Battaglia had retired on her 70th birthday, the same day that TDPK filed his petition for writ of certiorari.
Here is the motion for reconsideration that Kimberlin filed. In paragraph 3 he states that a letter from Judge Battaglia “featured false information that the [Parole] Commission relied upon to make an adverse decision against Petitioner.”
Kimberlin’s claim is not consistent with the actual record. When he sued the Parole Commission claiming that their reliance on the Battaglia letter was improper, the U.S. District Court of the DC found that the Commission had not relied on the letter in determining to extend his time in the slammer. The Gentle Reader can read for himself beginning on p. 6 in the memorandum order below that the decision to keep TDPK locked up for an additional two years was based on “information provided by plaintiff himself.” Judge Urbina concludes on p. 8: “It is apparent that the Parole Commission’s decision was based on plaintiff’s own statements and filings and not on the letter from the United States Attorney[.]”
Brett Kimberlin is not only a bad liar, he is a stupid one.
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Yep, everything proceeded as I had foreseen.