Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin’s informal opening brief for his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit was due at the Fourth Circuit Court of Appeals yesterday. As of 9:02:57 pm Monday night, nothing had been posted on the case docket on PACER since 29 September. Now, it’s possible that TDPK got his paperwork in on time but too late in the day for the Clerk’s Office to have scanned and posted it online. If he did get it submitted, it should show up on the docket tomorrow. We’ll see. Meanwhile, here’s the TKPOTD from three years ago today. It deals with the original RICO Madness LOLsuit.  The Kimberlin v. Frey RICO Remnant LOLsuit is the last surviving count of the original RICO Madness case.

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One of The Dread Pro-Se Kimberlin’s complaints against me in both the state Kimberlin v. Walker, et al. nuisance lawsuit and the Kimberlin v. The Universe, et al. RICO Madness is that I engage in my First Amendment right to comment on his past and present behavior. He wrote this in his second amended complaint in the state suit—

BKvAW2013SAC-31The Gentle Reader who has been following The Saga of the Dread Pirate Pro-Se Kimberlin for a while will remember that TDPK’s state nuisance lawsuit collapsed when he failed to provide even one “scintilla” (Judge Johnson’s word) of evidence of falsity in any statement made by any defendant in that case.

TDPK has tried to make a similar allegation in the RICO Madness.ECF 135-139

Since defamation is a state law claim, TDPK has to prove the elements of the tort as prescribed by Maryland law. That means he must show what was said about him was false. He can’t do that. That’s already been adjudicated in the state case in the favor of Aaron Walker, Stacy McCain, Ali Akbar, and me, and he is barred by collateral estoppel arguing otherwise in any further case, including the RICO Madness.

I’ve made it clear that I intend to keep writing about Brett Kimberlin until he is brought to justice. The Gentle Reader should not be surprised to learn that part of my definition of his being brought to justice includes his losing his vexatious lawsuits. By delaying the final resolution of any of them, he increases the amount of time and bandwidth I will spend on telling his story on the Internet. His delaying tactics have the effect of turing the Streisand Effect up to eleven.

collateral estoppel t-shirtOh, one more thing … Collateral Estoppel swag is available for purchase at The Hogewash Store. Stop by a spend some money on a t-shirt or drinkware. The profits go to support this blog and fund the expenses of defending against TDPK’s vexatious lawsuits. If you’d like to help my fellow defendants as well, go to Bomber Sues Bloggers to find out how.

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Of course, we’re no longer taking donations through Bomber Sues Blogger now that Kimberlin’s lawfare has failed so miserably. The RICO Madness LOLsuit was dismissed, the follow up RICO Retread state LOLsuit was dismissed also, and dismissal of the state case was affirmed on appeal.

Everything proceeded as I had foreseen.

Yours Truly, Johnny Atsign

SOUND: Skype rings once. Receiver picked up.

JOHNNY: Johnny Atsign.

[REDACTED]: (Telephone Filter) Johnny, it’s [REDACTED].

JOHNNY: Thanks for calling. Did you get that report I forwarded?

[REDACTED]: (Telephone Filter) Yeah. Are they serious?

JOHNNY: It sure looks like it.

[REDACTED]: (Telephone Filter) Hmmm. Technically, it shouldn’t affect our client’s case, but …

JOHNNY: If you think about his long-term interests …

[REDACTED]: (Telephone Filter) Yeah.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign! Continue reading

A Hole in the Sky

What used to be considered holes in the sky is now known to astronomers as dark molecular clouds. One of the most notable of these dark absorption nebulae is a cloud toward the constellation Ophiuchus known as Barnard 68 where a high concentration of dust and molecular gas absorb practically all the visible light emitted from background stars. The eerily dark interiors of molecular clouds are some of the coldest and most isolated places in the universe. It is not known exactly how molecular clouds like Barnard 68 form, but it is known that these clouds are themselves likely places for new stars to be born. In fact, Barnard 68 will probably collapse and form a new star system.

Image Credit: ESO

Team Kimberlin Post of the Day

As I noted yesterday, The Dread Pro-Se Kimberlin’s informal opening brief for his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit is due to the Court of Appeals for the Fourth Circuit by close of business today. We’ll see if he makes it. While we wait, I’ve republished the series of posts from four years ago today that dealt with Bill Schmalfeldt’s motion to modify the first peace order issued against him. That running account of the Cabin Boy’s™ follies, beginning with the day’s TKPOTD, is below the fold. Continue reading