Brett Kimberlin does not like to take “No” for an answer, especially from a court that has ruled against him. Yesterday, I posted his motion asking for extra time to file a petition for a rehearing of a failed appeal. The court said, “No, get your paperwork in on time if you want it considered.”
The TKPOTD for six years ago today was about a similar Kimberlin filing in the RICO Retread LOLsuit.
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The Dread Pro-Se Kimberlin has filed a motion to stay Aaron Walker’s dismissal from the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit pending the results of TDPK’s appeal of his loss of the Kimberlin v. Walker, et al. nuisance LOLsuit.
The appeal of TDPK’s 2014 loss is now in the Maryland Court of Special Appeal, and a decision is expected in a month or so. TDPK is hoping that a successful appeal would wipe out the use of res judicata as a defense in the RICO Retread case. Even if it did, that wouldn’t help Kimberlin. The case against Aaron was dismissed for res judicata and failure to state a claim upon which relief can be granted. Eliminating only one of the fatal wounds will not make the case any less dead.
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The appeal in the Seventh Circuit has a similar issue. Kimberlin was seeking to have some of his Speedway Bombing convictions overturned because they were felonies which caused him various legal disabilities. For example, he can’t serve on a jury. His petition was denied because his other felony convictions (perjury and drug smuggling) would has still exist, so his status as a felon would be unchanged.