Team Kimberlin Post of the Day


While we wait to see if The Dread Deadbeat Pro-Se Kimberlin will get his paperwork sorted out in his appeal of the Kimberlin v. Frey RCIO Remnant LOLsuit and wait for news from other Team-Kimberlin-related cases, here’s a post called Another Faulty Service from four years ago that dealt with TDPK’s chronic failure to follow the rules.

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The Cabin Boy has published the Certified Mail receipt from the alleged service of the Maryland Kimberlin v. Walker, et al. lawsuit on Stacy McCain. The receipt proves that the service was not accomplished.LR201310240106ZThe explanation is simple. The Dread Pirate Kimberlin sent the mail to the wrong address.

Also, Maryland Rule 2-121 requires that service via mail be “by certified mail requesting: “Restricted Delivery — show to whom, date, address of delivery.” The Restricted Delivery box on Line 4 is not checked, so the letter carrier gave the mail to whomever would sign for it. The mail was signed for by someone named Ford, so it was not delivered to Stacy McCain.

One of the lawyers discussing Brett Kimberlin’s performance in the raft of frivolous suits he has filed against my codefendants and me used the phrase “amateur hour.”

Just so.

UPDATE—Stacy has more here.

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I’ll add two comments.

First, Postal Service Forms 3811 (aka “green cards”) have been the bane of TDPK’s lawfare. He’s failed to use them when he should have. He’s failed to fill them out properly. But most tellingly, he’s been caught forging them.

Second, the Cabin Boy’s™ tweet is a good example of his lack of skill as an investigative reporter. He took the word and supporting “evidence” of an infamous perjurer and used it as the basis for his story. A two minute Google search (OK, maybe ten minutes for someone like Schmalfeldt.) would have shown him that Kimberlin’s green card did not meet the requirements for proof of service in the Maryland Rules.

Heh.

Team Kimberlin Post of the Day


While we wait to see if The Dread Deadbeat Pro-Se Kimberlin will get his appeal paperwork together in the Kimberlin v. Frey RICO Remnant LOLsuit appeal and for news in the other pending Team-Kimberlin-related cases, here’s another recycled TKPOTD. It’s from three years ago today.

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Here’s an interesting bit of information from The Dread Pro-Se Kimberlin’s opposition to the motions to dismiss his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.ECF 74-p21A loss in his earnings? Hmmmmm. That loss must have been relatively recent. The IRS Form 990s for Justice Through Music show him making $19,500 a year in 2010, 2011, 2012, and 2013. (2014’s form doesn’t appear to have been filed yet.) Of course, TDPK’s claim about lost earnings will be easily checked if the suit gets into discovery.

Stay tuned.

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The 2014 and 2015 Form 990s for JTMP are now available. They show that TDPK’s compensation was also $19,500 for both years. While he hasn’t given himself a raise, his IRS filings show that he hasn’t had a decrease in earnings.

That leads to the following possible conclusions—

The Dread Deadbeat Pro-Se Kimberlin was lying in his opposition to the motion to dismiss, or he was lying on his IRS Form 990s.

Of course, there are other possible explanations. Possible but not necessary plausible. And one should always consider embracing the power of and.

Team Kimberlin Post of the Day


Consider the following scenarios.

The Dread Deadbeat Pro-Se Kimberlin receives an order from a court of appeals saying that he needs to file a certificate of confidentiality, but he doesn’t know exactly what that means, so he screws up his paperwork. In that case, he will not have obeyed the court’s order, and his appeal is likely to be dismissed because he failed to perfect it.

Now, suppose someone tips him off to the actual requirements for a certificate of confidentiality with just enough time left to put in the extra effort to file a proper certificate. TDPK might decide to spend a day or two finding all the information needed and drafting a proper document.

In the first case, TDPK winds up losing. In the second case, TDPK puts in a lot more work and still winds up losing because his appeal lacks any merit. Both scenarios have the same ending, but one is more … um … entertaining. Once in a while, it’s useful to educate a midget or a monkey.

I need to check on that popcorn order.

Team Kimberlin Post of the Day


The Fourth Circuit Court of Appeals has given The Dread Deadbeat Pro-Se Kimberlin until close of business next Tuesday to get the rest of the required pieces of his informal opening brief for his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit. One of the things he owes the court is a certificate of confidentiality. Here’s how the court’s Local Rule 25(c) defines those certificates—

I’d better order some more popcorn.

Team Kimberlin Post of the Day


I’m not making this up, you know.

After spending years trying to use the courts to suppress the First Amendment rights of people who have written truthful things about him, Brett Kimberlin included this sentence in his failed motion to unseal his informal opening brief in his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit—

Appellant has a right under the First Amendment to appeal in public.

No. He doesn’t. His right to a public trial and, by extension, a public appeal is not secured under the First Amendment. IANAL, but the last time I checked the Bill of Rights, due process rights are secured by the Fifth Amendment.

Patrick Frey’s due process rights are also protected by the Fifth Amendment. His lawyers were able to convince a federal judge that certain information given to The Dread Pro-Se Kimberlin during discovery in the RICO Remnant LOLsuit should have been sealed in order to protect Frey’s rights (and possibly the rights of third parties). TDPK repeatedly asked the District Court to unseal that information, and he was never able to provide a reason why Patterico’s rights should not have been protected.

TDPK’s motion to unseal is timestamped as being received by the Fourth Circuit Court of Appeals at 10:06 Monday morning. The order denying his motion was docketed at 12:01:59 Tuesday afternoon. It didn’t take the court long to see through his frivolous argument.

Everything is proceeding as I have foreseen.

RICO Remnant LOLsuit Appeal News


The Dread Pro-Se Kimberlin did file a sealed version of an informal opening brief in his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit, and he filed a motion with the Fourth Circuit Court of Appeals to unseal his brief.

However, the court’s instructions required that he also file a redacted version for the public docket, and he failed to do so. He’s been given one week to fix his mistake.

The court has also denied his motion to unseal the sealed version of his brief.

Everything is proceeding as I have foreseen.