Team Kimberlin Post of the Day


Yesterday’s TKPOTD looked back five years at The Dreadful Pro-Se Schmalfeldt’s appeal of the extension of the first peace order issued against him. Today, we look back the following day’s TKPOTD.

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It seems that the Cabin Boy™ is still getting his legal advice from Acme.@PatO201404292348ZWhere to begin? I guess I’ll just take it from the top.

1. Schmalfeldt did not file an “appeal brief;” all he filed was a Civil Appeal Information Report for the Court of Special Appeals. According to Md. Rule 3-803, one key item is missing from his petition. Since he’s pro se, the Court of Appeals may overlook the omission, but even if they do, he has raised no new legal arguments. Since he has given them no new reason to hear his appeal, I expect that they will deny his petition on the same grounds as they did last time.

2. Res judicata applies to the original peace order. That case is closed and not subject to relitigation. That matter is settled.

3. Schmalfeldt v. Hoge is on the Court’s Petition Docket. This only means is that the Clerk has received it and assigned it a tracking number. It does not mean that the judges have accepted the case for an appeal. If they do, it will be moved to the Regular Docket, and the case will proceed as the Court directs. In the unlikely event that the appeal is allowed, the next step is usually a round of briefing from the petitioner and respondent. We’ll see if it gets that far.

Stay tuned.

UPDATE—I’m told that the Cabin Boy™ is blabbering on teh Twitterz about how wrong I am.

Uh, huh

Like they say in the financial prospectuses, “past performance is not an indicator of future returns,” but it’s a safe way to bet. So consider how accurate Schmalfeldt’s predictions from 2013 of my crushing defeat in the appeal to the Circuit Court, my being clapped in irons (I found that one particularly amusing), or his quick victory in the Court of Appeals. You can believe Acme, or you can believe what real lawyers tell me. Either way, your belief will have no effect on what the Court does.

So chill.

And stay tuned.

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Speaking of res judicata, The Hogewash Store has lots of mugs, t-shirts, and other tchotchkes available with the Res Judicata logo. There’s also junk branded Murum Aries Attigit, and Johnny Atsign. If you stop by, spend some money, and support this blog, I’ll be thankful.

Team Kimberlin Post of the Day


Team Kimberlin is a bunch of liars and incompetent ones at that. They spin false narratives and then offer shoddy forged evidence which actually contradicts their claims. Two posts from four years ago described one such failure. The first was a TKPOTD. The second was an episode of Blogsmoke.

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The Dreadful Pro-Se Schmalfeldt has finally figured out that he had a copy of my opposition to his motion to dismiss my contempt petition and that a copy of the envelope he mailed to me was included as part of an exhibit to my opposition. He now claims to have “proven” that he didn’t send the letter because it has a Baltimore postmark rather than one from Elkridge.

It is true that the envelope he mailed last January is postmarked Baltimore. See for yourself.Envelope1That’s the same postmark as found on the envelope of the letter he mailed to Judge Grimm when he sought to intervene in RICO Madness case in February, 2014. Note that the PACER caption appears on the left edge; this was downloaded from the U. S. District Court’s docket.Envelope2Schmalfeldt sent a second letter to Judge Grimm one week after the first. This zooms in on the postmark of the envelope for that letter (again, downloaded from the court’s docket).Envelope3

Given that the Cabin Boy™ has admitted that he sent the letters to Judge Grimm, this demonstrates that at least some of his mail is sent via Baltimore. Thus, having the Baltimore postmark on the letter he sent me in January doesn’t prove or disprove anything.

The Cabin Boy’s™ PACER fu is even worse than his google fu.

Tick, tock.

UPDATE—Commenter MJ wonders about the signatures on the various letters.SignaturesUPDATE 2—A Reader #1 wonders when the Cabin Boy™ made his claim of “proof.” Tune in to this evening’s episode of Blogsmoke to learn more.

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BlogsmokeSOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICHOCHET

MUSIC: UP AND UNDER—RECORDED—CUT 1

ANNOUNCER: (VOICE OVER MUSIC) Around Twitter Town and in the territory of the net—there’s just one way to handle the harassers and the stalkers—and that’s with an Internet Sheriff and the smell of “BLOGSMOKE”!

MUSIC: THEME HITS: FULL BROAD SWEEP AND UNDER—RECORDED—CUT 2

ANNOUNCER: “BLOGSMOKE” starring W. J. J. Hoge. The story of the trolling that moved into the young Internet—and the story of a man who moved against it. (MUSIC: OUT)

JOHN: I’m that man, John Hoge, Internet Sheriff—the first man they look for and the last they want to meet. It’s a chancy job—and it makes a man watchful … and a little lonely.

MUSIC: MAIN TITLE—RECORDED—CUT 3

JOHN: The Grouch has been charged by the Carroll County Sheriff’s Office with failure to comply with a peace order, and he’s been flailing around trying to come up with some sort of defense. That strikes me as rather foolish. After all, he’s sent an email to the State’s Attorney’s Office confessing. Still, logic has never been The Grouch’s long suit.

SOUND: Phone rings twice. Receiver picked up.

JOHN: John Hoge.

KAPLAN: Mr. Hoge, this is Detective Bob Kaplan with the Montgomery County Police. I’m sorry to call you this late in the evening, but you may be able to help us with something.

JOHN: No problem. What’s up?

KAPLAN: (Telephone filter) Are you familiar with someone known as The Grouch?

JOHN: Yes. Quite familiar.

KAPLAN: (Telephone filter) We’ve received a rather bizarre email from him about some sort of conspiracy to mail a forged letter.

JOHN: That would be the one he sent back in January, right?

KAPLAN: (Telephone filter) Uh, huh. Why do you say he sent it? He claims that the postmark proves that he didn’t.

JOHN: Really?

KAPLAN: (Telephone filter) Yes. He says that it’s postmarked Baltimore, and mail he sends from his residence in Elkridge shouldn’t have a Baltimore postmark.

JOHN: Can you forward that email to me? I’d like to see what he’s talking about. And can you give me a good call back number?

KAPLAN: (Telephone filter) (Fading out) Sure. What’s your email address …

MUSIC: SCENE BUMPER MUSIC—RECORDED—CUT 4

ANNOUNCER: I love coffee, but later in the day, I prefer tea. I like to drink my tea from my Team Lickspittle Tea Tumbler. Team Lickspittle Tea Tumblers are exclusively available along with lots of other goodies at The Hogewash Store. Stop by today and spend some of your hard earned cash in support of Team Lickspittle. Or do your Amazon shopping via the link on the Home page. Or hit the Tip Jar. They’re all ways you can support the Team.

MUSIC: SCENE BUMPER MUSIC—RECORDED—CUT 5

SOUND: Phone rings once. Receiver picked up

KAPLAN: CID, Detective Kaplan.

JOHN: (Telephone filter) John Hoge here. I just sent you an email. Can you pull it up?

KAPLAN: Hold on.

SOUND: Typing on keyboard. Mouse clicks.

KAPLAN: OK. I got it.

JOHN: (Telephone filter) Open the attached pdf.

KAPLAN: Uh, huh.

JOHN: (Telephone filter) There are three envelopes shown in the file. The first one is the envelope for the letter from January. The original is in the hands of the Circuit Court up here in Westminster, so there’s a no chain of custody issues.

KAPLAN: OK.

JOHN: (Telephone filter) The other two are from letters he mailed to the U. S. District Court. You’ll notice they show the PACER caption from the court docket, so they’re self-authenticating.

KAPLAN: Uh, huh.

JOHN: (Telephone filter) Compare the postmarks.

KAPLAN: Yeah, I see. They’re all Baltimore 212. So you’re saying that the record shows that The Grouch has sent mail with that postmark in the past.

JOHN: (Telephone filter) Which doesn’t prove or disprove who sent the January letter, but it does kill his claim that he couldn’t have sent it.

KAPLAN: So what about his forgery claim?

JOHN: (Telephone filter) Well, The Grouch began claiming that the letter was forged as soon as its existence was made public. He very quickly focused on the alleged similarity between the signature on the letter and his signature on a failed peace order petition he filed against one of the two people he’s claiming did the forgery.

KAPLAN: Which means what?

JOHN: (Telephone filter) Suppose The Grouch forged the letter himself.

KAPLAN: What?

JOHN: (Telephone filter) Suppose he wrote the letter, traced a copy of his signature on that peace order so that it would be “too similar,” and then mailed it from the same post office he had used for the letters to the federal court. He might think that would give him a means of claiming that he had been set up.

KAPLAN: That’s kind of farfetched, isn’t it?

JOHN: (Telephone filter) Does anything about this seem rational?

KAPLAN: Still …

JOHN: (Telephone filter) You’re dealing with a guy with multiple restraining order against him in at least three states, someone with a history of altering documents.

KAPLAN: It’s more than a little bit crazy.

JOHN: (Telephone filter) Read that first letter to federal judge that I forwarded to you. He admits to suffering from dementia. Look, the point is that his “forging” the letter makes as much or more sense that his explanation.

KAPLAN: OK, I’ll put all this in the case file.

JOHN: (Telephone filter) Good. Call me if you need anything else.

MUSIC: CLOSING TITLE UP AND UNDER—RECORDED—CUT 6

ANNOUNCER: (VOICE OVER MUSIC) Even with a good imagination, we can’t come up with stories as strange as The Bomber and his buddies provide for episodes of “BLOGSMOKE”!

MUSIC: SWELL AND CONTINUE TO MUSIC OUT

ANNOUNCER: The Legal Department wishes the following declaimer read: “‘BLOGSMOKE’ is a work of fiction. Anyone who feels it might be about him should read Proverbs 28:1.” This is LBS, the Lickspittle Broadcasting System.

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The Backstory: Bill Schmalfeldt sent me a letter while a peace order forbidding any contact with me was in force. He tried to claim that it was a forgery that had been created by the person he believed was “Paul Krendler,” and that it had been forwarded for mailing in Maryland by an accomplice who lived in Montgomery County.

Lying liars gotta lie, failing failures gotta fail, and everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


On 17 March, 2015, Judge Hazel dismissed all but one count against one defendant of the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit. The very next day, The Dread Deadbeat Pro-Se Kimberlin filed a motion for reconsideration of the dismissal of the count alleging violation of the Ku Klux Klan Act against the defendants. Judge Hazel didn’t waste time deny that motion as I reported four years ago with a post In Re RICO Madness.

BTW, the marked up sentence in UPDATE 2 is from a motion that The Dreadful Pro-Se Schmalfeldt had filed in Schmalfeldt v. Hoge, et al. (II) a few days before.

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Judge Hazel has denied The Dread Pro-Se Kimberlin’s motion for reconsideration of dismissal of the Ku Klux Klan Act claims against all defendants in the Kimberlin v. The Universe, et al. RICO Madness.

Qapla’!

UPDATE—The money quote—

Kimberlin is mistaken.

UPDATE 2—FIFY:Explain_the_lawUPDATE 3—Aaron Walker compares Kimberlin’s RICO Madness to Generalissimo Franco.

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Crackpot leftists often seem to have trouble accepting a loss.

Team Kimberlin Post of the Day


All these court cases have two things in common.

Maryland v. Hoge (I)
Kimberlin v. Walker, et al.
Kimberlin v. National Bloggers Club, et al. (I)
Schmalfeldt v. Hoge, et al. (I)
Kimberlin v. Hunton & Williams, et al. (I)
Schmalfeldt v. Hoge, et al. (II)
Maryland v. Hoge (II)
Kimberlin v. National Bloggers Club (II)
Schmalfeldt v. Grady, et al. (IV)

Each of them was instigated against me by a member of Team Kimberlin because of truthful reporting about their activities, and I won every one of them.

Blogging about First Amendment issues has been costly at times, but it’s always been worth it.

Team Kimberlin Post of the Day


The Dreadful Pro-Se Schmalfeldt may be plus-sized overall, but he has acts as if he has incredibly thin skin. He became so bent out of shape over truthful reporting about and criticism of his conduct of LOLsuit VI: The Undiscovered Krendler that he decided to complain to the magistrate judge handling the case about me. Three years ago today, I responded to his threats with this Legal LULZ Du Jour.

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RD201603191531ZGo ahead. Make my day.

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He went ahead and filed his paperwork which I published after it appeared on PACER three days later.

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The Cabin Boy™ really did file these with the court—

Everything is proceeding as I have foreseen.

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So where are we three years later?

Aaron Walker was able  to manage his clients’ defense. He won the case for them.

The Cabin Boy™ lost LOLsuit VI. And LOLsuit VII. And LOLsuit VIII. At this point, he’s failed to convince judges in Maryland, Wisconsin, Illinois, and South Carolina that he has been the victim of defamation, invasion of privacy, intentional infliction of emotional distress, or mopery with intent to lurk.

OTOH, judges in Maryland, Arizona, Massachusetts, Illinois, and North Carolina have found that Schmalfeldt engaged in behaviors warranting the issuance of various forms of restrain orders, one of which was to protect a three year old child.

The Cabin Boy™ has been fired or left under suspicious circumstance from multiple jobs.

I’m still working part time as a paralegal and full time as engineering contractor.

Nothing has proceeded as the Cabin Boy™ has hallucinated.

Team Kimberlin Post of the Day


Today is the fourth anniversary of The Dread Deadbeat Pro-Se Kimberlin’s filing the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo LOLsuit. Three years ago, The Dreadful Pro-Se Schmalfeldt’s LOLsuit VI: The Undiscovered Krendler was in the motions to dismiss phase. Here’s another twofer from three years ago today, the TKPOTD and a Legal LULZ Du Jour.

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It’s easy to make fun of the Cabin Boy™ when he writes the punchlines of the jokes.RD201603152007ZThe veracity of his briefs?

How veracious is his claim the Brett Kimberlin isn’t a convicted terrorist? Brett Kimberlin engaged a serial bombing campaign that terrorized the town of Speedway, Indiana. He sued Aaron Walker, Stacy McCain, Ali Akbar, and me for a million dollars, claiming that we engaged in false light invasion of privacy by calling him a terrorist. He lost that lawsuit.

How veracious is his claim that Brett Kimberlin isn’t responsible for the death of Carl DeLong? An Indiana trial jury found him responsible, and the Indiana Supreme Court upheld their verdict.

How veracious is his claim that Aaron Walker is currently a defendant in yet another Kimberlin LOLsuit? Aaron was dismissed from the RICO Retread LOLsuit on a mix of motions for dismissal for failure to state a claim and for summary judgment back in January.

How veracious is … oh, you get the point. Bill Schmalfeldt is a liar.

One does not simply lie in a declaration to the court and expect not to get burned.

One more thing … Bill Schmalfeldt is an adjudicated harasser and an adjudicated cyberstalker of a minor child. While I take no pleasure in writing that statement, I have a certain appreciation for its irony. You see, Gentle Reader, Bill Schmalfeldt was among the cyberthugs who were engaging in online defamation of me just about this time last year, claiming that I had engaged in online harassment of a teenage girl. Their story was false, and both the civil and criminal actions filed against me fizzled. OTOH, the Cabin Boy™ now has collected a total of nine restraining/peace/no-contact orders issued by courts in five states, and one of them protects a three-year old kid.

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RD201603160135Z

IIRC, it was the Cabin Boy™ who used a declaration from Brett Kimberlin as an exhibit supporting a motion.

One does not simply lie in a declaration to the court and expect not to get burned.

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The Truth is out there, but the Cabin Boy™ has no idea where.

Team Kimberlin Post of the Day


Four years ago today, Bill Schmalfeldt filed LOLsuit III: The Search for Schlock in the U.S. District Court for the District of Maryland. I took notice of his action in a post titled In Re a LOLsuit.

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The Dreadful Pro-Se Schmalfeldt is at it again.

He has also filed an application to proceed in forma pauperis.

I do not plan to make any substantive comment on this suit until I have thoroughly reviewed the complaint.

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Now that the suit is long dead, I’ll offer this comment: Bwahahahahahahahahahah!

Although the suit could have been dismissed for failure to state a claim upon which relief could be granted, the judge didn’t have to get that far into the complaint. TDPS had filed in the wrong court, so the case was kicked for lack of jurisdiction. That led the Cabin Boy™ to file LOLsuit IV: The Voyage to Oblivion in the Circuit Court for Howard County, Maryland. Although that suit could have been dismissed for failure to state a claim upon which relief could be granted, the judge didn’t have to get that far into the complaint. Schmalfeldt had filed his state complaint in the wrong county, so the suit was dismissed for lack of jurisdiction.

The Cabin Boy™ left me out of his lawfare attempts until he got around to filing LOLsuit VIII: Avoiding Contact in the U.S. District Court for the District of South Carolina. Although the suit could have been dismissed for failure to state a claim upon which relief could be granted, the judge didn’t have to get that far into the complaint. The judge found that … wait for it … the court lacked personal jurisdiction over any of the defendants, so the case was dismissed for lack of jurisdiction.

Everything proceeded as I had foreseen.