Reading Brett Kimberlin’s court filings or listening to his oral arguments before a judge will quickly convince most folks that his thinking can be quite creative but not very precise or clear. The TKPOTD for nine years ago today showcased an example of the kind of muddled thinking that has led to his losing the RICO Madness LOLsuit.
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The Dread Pro-Se Kimberlin is beginning to feel another effect of the incompetently drafted second amended complaint he filed in his Kimberlin v. The Universe, et al. RICO Madness. Even after all the rigamarole with Twitchy and adding new defendants, he still didn’t get his list of defendants properly identified. It turns out that he didn’t sue Ace, the blog proprietor; he has sued the blog itself.Oops.
TDPK now wants Judge Hazel to let him go after Ace anyway in order to breach Ace’s anonymity, something Team Kimberlin (and First Mate Neal Rauhauser in particular) has been trying to do for several years. Of course, even if TDPK found out Ace’s secret identity, he’s not allowed any further amendments to his suit—the blog, not Ace himself, would still be the defendant.
Furthermore, Ace of Spades, the actual defendant, has now responded to the complaint and summons by filing a motion to dismiss through counsel. All TDPK needs to know is the lawyer’s contact information, and it’s on file on PACER.
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The fact that Kimberlin has kept asking for the courts to assign freebie lawyers to help him seems to indicate that he’s beginning to understand his own incompetence.
Meanwhile, the Government’s response to Kimberlin’s petition for a writ of certiorari in the Kimberlin v. Reality (aka Kimberlin v. DoJ, et al.) appeal is due at the Supreme Court on the day after Thanksgiving.