Team Kimberlin Post of the Day

This has been posted to the Supreme Court docket for Brett Kimberlin’s petition for a writ of certiorari in his Kimberlin v. Reality (aka Kimberlin v. DOJ, et al.) LOLsuit seeking money damages for his time spent in prison because of his Speedway Bombing convictions—An order denying an unsuccessful petition is usually published on the Monday following the conference during which it was considered. For example, Kimberlin’s last cert petition was considered at the 6 January, 2023 conference, and the order denying that petition was published on 9 January.

Stay tuned.

Team Kimberlin Post of the Day

Brett Kimberlin has been trying to find ways to attack his Speedway Bombing convictions for over forty years, and many of his attempts have been untimely, filed well beyond the time allowed. He tried the same sort of thing with his loss in his first LOLsuit that included me as a codefendant. Under the Maryland Rules, he had ten days to file for a retrial. He waited 98 days. This post In Re Kimberlin v. Walker, et al. first ran nine years ago today.

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As I noted earlier, my opposition to The Dread Pro-Se Kimberlin’s frivolous motion for a new trial for his Kimberlin v. Walker, et al. nuisance lawsuit would come through my lawyer. Mr. Ostronic has filed it with the court.

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His petition for a writ of certiorari for the Kimberlin v. Reality LOLsuit seeking money damages for his time in the slammer for the Speedway Bombings is pending at the Supreme Court.

Stay tuned.

Team Kimberlin Post of the Day

The counsel for the private party respondents to Brett Kimberlin’s petition for a writ of certiorari in Kimberlin v. DOJ, et al. has filed a waiver of response with the Supreme Court. Shirley Henderson is the juror who Kimberlin has alleged is related to one of the State Police detectives who testified at the Speedway Bomber trials. Donald Henderson is her husband. Kimberlin alleges the Hendersons were active participants in the conspiracy to falsely convict him and participated in a continuing coverup of that conspiracy. He’s suing them for <Dr. Evil voice> ten million dollars. </Dr. Evil voice>

I haven’t found any testimony or evidence in the record that supports Kimberlin’s claim that Mrs. Henderson is related to the detective who testified against him.

Stay tuned.

Team Kimberlin Post of the Day

The TKPOTD for ten years ago listed a few of Brett Kimberlin’s more blatant lies that had surfaced back then.

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Brett Kimberlin is a convicted perjurer.

He is famous for telling a whopper about selling dope to Dan Quayle. Mark Singer, who wrote a biography of The Dread Pirate Kimberlin, concluded

I spent four years asking questions about Kimberlin, along the way I never met a soul who could offer genuine corroboration of the fable that brought him to my attention.

He had his parole revoked in 1997, and in 2011 he testified in the Kimberlin v. Allen lawsuit that he had never had his parole revoked.

This summer, he filed a criminal complaint against me for harassment that was so bogus on its face that it was quashed before I could even be served a summons.

Now, he’s suing four other bloggers and me in state court for telling the truth about him. And he’s suing more than 20 people and organizations in federal court claiming that we formed racketeering enterprise to defame him, harass him, ruin his business, yada, yada, yada, …

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He tells some real whoppers in his Kimberlin v. DOJ, et al. (aka Kimberlin v. Reality) LOLsuit seeking money damages for his imprisonment as the Speedway Bomber, in his losing  appeal to the Seventh Circuit in that case, and in his petition for a writ of certiorari now before the Supreme Court.

The betting calendar for the day the Supreme Court denies his cert petition is posted in the break area.

Team Kimberlin Post of the Day

Brett Kimberlin has routinely painted himself in to legal corners because he was representing himself in court. This post In Re Kimberlin v. Frey from eight years ago today dealt with a difficulty Kimberlin encountered challenging a protective order.

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The Dread Pro-Se Kimberlin has sent what appears to be an ex parte letter to Judge Hazel whining about the discovery protective order issued in the Kimberlin v. Frey RICO Remnant LOLsuit.

popcorn4bkThe assertions in the letter are nonsensical. All the protective order prohibits is giving any discovery information marked “Confidential” to a third-party not directly involved in the LOLsuit. That means that TDPK is forbidden from leaking confidential information to “the press,” i.e., Bunny Boy Unread. In order for “the press” to challenge the order, 57F Osborne will have to hire a lawyer.

Heh.

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Of course, Matt Osborne was not about to spend his own money to challenge the protective order for the benefit of a website (Breitbart Unmasked) actually owned by Kimberlin, and Kimberlin couldn’t represent the site himself without claiming that he was the proprietor—which he has denied.

Coming back to today, it appears that Kimberlin has figured out that he’s exhausted his possible avenues of attack on his criminal convictions as the Speedway Bomber, so he’s now seeking money damages for his “false” imprisonment. That LOLsuit is properly styled Kimberlin v. DOJ, et al., but I referring to it as Kimberlin v. Reality. He’s at the Supreme Court again with a petition for a writ of certiorari in Kimberlin v. Reality. He’s proceeding pro se, and asking the court to give him a freebie lawyer.

The betting calendar for the date the Supreme Court denies the petition is posted in the break area.

Team Kimberlin Post of the Day

Brett Kimberlin’s incompetence as a pro se litigant caused the failure of all of the LOLsuits he’s brought over the past decade. That, and the he’s never had either the facts or the law on his side. The TKPOTD for nine years ago today dealt with his inability to correctly identify who he was trying to sue.

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The Dread Pro-Se Kimberlin seems to be grasping at straws in order find some evidence to support his bogus and vexatious Kimberlin v. The Universe, et al. RICO Madness. He’s not even finding enough straw to make a tiny straw man to argue with. This is from his latest letter to the court.ECF 222-p2Pretend for the sake of discussion that some or all of the crackpot ideas advanced in that paragraph be true.

So what?

None of it is alleged in the second amended complaint. The court has already ruled that there will be no further amendments, so TDPK has to run what he brung. Kimberlin filed a lawsuit naming a blog called “Ace of Spades” as a defendant. He didn’t sue the blogger known as “Ace.” He didn’t sue the blog known as Ace of Spades HQ either.

PreparationH96ctThe self-inflicted butthurt is strong with this one. But relief is possible.

Stay tuned.

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Meanwhile, the betting calendar for the date the Supreme Court denies his petition for certiorari in the Kimberlin v. Reality appeal is posted in the break area.

Team Kimberlin Post of the Day

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.ECF 135-23Oops.

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.

popcorn4bkSpeaking of motions to dismiss, Kimberlin has just about a month to get his omnibus opposition to those motions filed with the court.

Tick, tock.

Stay tuned.

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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.

Stay tuned.

Team Kimberlin Post of the Day

Brett Kimberlin has felony convictions for perjury, conspiracy to distribute marijuana, and host of crimes related to the Speedway Bombings. He pleaded guilty to the dope charge and had fair trials for the others. Yet, he continues to claim that his convictions are unjust.

He has also lost a multitude of civil suits aimed at censoring honest reporting and comment about his activities. The only one of those cases that made it to trail was stopped by the judge when Kimberlin failed produce any—not a single bit—of evidence to support his suit. All the rest failed to survive motions to dismiss or for summary judgement. Kimberlin has claimed that the judges in these lawsuits treated him unfairly when they decided matters based on the Rules of Evidence and the Rules of Civil Procedure.

The TKPOTD for nine years ago dealt with one the lies in a court filing.

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This bit of purple prose is from an opposition The Dread Pro-Se Kimberlin filed when Aaron Walker filed for permission to go a few pages over the usual limit in one of his filings. BTW, the page limit for an amended complaint is 50 pages, and Kimberlin’s second amended complaint in the Kimberlin v. The Universe, et al. is 82 pages long.ECF 61-13I guess that’s supposed to be an allusion to the scarlet A that Hester Prynne was made to wear on her dress. Aside from the misspelling of Scarlet and the dislocation of the letter, the assertion that Aaron Walker acts as if Kimberlin should be attacked mercilessly is completely baseless. Indeed, Aaron has been restrained in his writing about Kimberlin. Certainly, Aaron has never advocated any sort of violence against Kimberlin. These words appear at the bottom of every one of his posts:

I have accused some people, particularly Brett Kimberlin, of reprehensible conduct.  In some cases, the conduct is even criminal.  In all cases, the only justice I want is through the appropriate legal process—such as the criminal justice system.  I do not want to see vigilante violence against any person or any threat of such violence.  This kind of conduct is not only morally wrong, but it is counter-productive.

In the particular case of Brett Kimberlin, I do not want you to even contact him.  Do not call him.  Do not write him a letter.  Do not write him an email.  Do not text-message him.  Do not engage in any kind of directed communication.  I say this in part because under Maryland law, that can quickly become harassment and I don’t want that to happen to him.

And for that matter, don’t go on his property.  Don’t sneak around and try to photograph him.  Frankly try not to even be within his field of vision.  Your behavior could quickly cross the line into harassment in that way too (not to mention trespass and other concerns).

And do not contact his organizations, either.  And most of all, leave his family alone.

Like so many of Kimberlin’s allegations, the claim he makes above is just another verifiable falsehood.

You’d think someone with as much practice at lying would eventually get better at it.

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He’s telling similar false tales in his petition for certiorari to the Supreme Court in his Kimberlin v. Reality appeal.

Team Kimberlin Post of the Day

When I checked late yesterday evening, the Supreme Court’s online docket did not list a petition for a writ of certiorari from Brett Kimberlin in the latest Kimberlin v. DOJ case. His extension of time to file runs out on 1 November. If something it filed, its a good bet that is could be aptly described by this comment to the TKPOTD from nine years ago to day.

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The betting calendar for the date of the failure of Brett Kimberlin’s petition for a writ of certiorari in his latest Kimberlin v. Reality LOLsuit is now posted in the break area.