Tag Archives: Kimberlin v. McConnell et al. LOLsuit Appeal

Team Kimberlin Post of the Day

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Back in 2016, Brett Kimberlin tried to sue Mitch McConnell and Chuck Grassley to force the nomination of Merrick Garland to the Supreme Court through the Senate. The District Court dismissed the suit sua sponte (on its own motion) because Kimberlin lacked standing to bring thee case. The Dread Deadbeat Pro-Se Kimberlin appealed to the Fourth Circuit. Six years ago today, the TKPOTD contained a court paper Kimberlin filed as part of that appeal.

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I almost posted this one as an I’m Not Making This Up, You Know—

Self-important twit.

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One of Kimberlin’s specious claims for standing in that case was that one of his lawfare cases might wind up being appealed to the Supreme Court and that he had a right for a full count of nine justices to hear his appeal. Neither the District Court nor the Court of Appeals agreed.

He now claims to have aa lawyer who is working on a petition for a writ of certiorari for the Seventh Circuit’s denial of an appeal related to the Speedway Bombing. While Merrick Garland didn’t make it to the Court, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett did, so if certiorari is granted, a full court will consider the case.

Team Kimberlin Post of the Day

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One of the silliest bits of Brett Kimberlin’s lawfare was his LOLsuit against Mitch McConnell and Charles Grassley trying to force the Senate to advise and consent to the nomination of Merrick Garland to the Supreme Court. The District Court dismissed the case on its own initiative because Kimberlin had no standing to sue. Kimberlin appealed, and I posted this Kimberlin v. McConnell, et al. LOLsuit Appeal News six years ago today.

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This has shown up on the appeal docket. It’s stamped as arriving a day late.

#SSDD

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And of course, Kimberlin maintained his perfect record of 0.000 when the Fourth Circuit affirmed the District Court’s dismissal of the LOLsuit.

Team Kimberlin Post of the Day

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In a couple of his appeals to U.S. Circuit Courts, The Dread Deadbeat Pro-Se Kimberlin has seemed to realized how poor his legal skills are, and he has asked the court for a free court-appointed lawyer. A few days ago, the Seventh Circuit denied such a request. Five years ago today, my post titled Well, That Didn’t Take Long reported a seminal denial by the Fourth Circuit.

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The Fourth Circuit wants The Dread Pro-Se Kimberlin to explain the merits of his case before they appoint counsel to file an amicus brief on his behalf in the Kimberlin v. McConnell, et al. LOLsuit appeal.

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The Kimberlin v. McConnell, et al. LOLsuit was based on the crackpot theory that because the Senate had not acted on the Merrick Garland’s nomination to the Supreme Court, its advice and consent had been waived, so Garland’s nomination should be considered confirmed. No court ever ruled on the merits of that proposition because it was found that Kimberlin didn’t have standing to bring the suit.

BTWl, that’s the same Merrick Garland who is now the Attorney General leading the Department of Justice defending the current Kimberlin LOLsuit in the Seventh Circuit.

And one more thing … Kimberlin’s Transcript Information Sheet for the current appeal was due yesterday. Perhaps it arrived too late to be scanned into the case docket on PACER, but as of close of business yesterday it wasn’t in the online docket.

Team Kimberlin Post of the Day

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Today is the 79th anniversary of the attack on Pearl Harbor. It’s also the anniversary of a significant victory for the good guys. Four years ago today, Brett Kimberlin struck out at the Fourth Circuit Court of Appeals. These three posts are titled Brett Kimberlin Fails Again, Strike Two!, and Strike Three!.

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The Fourth Circuit Court of Appeals has denied The Dread Pro-Se Kimberlin’s petition for a writ of mandamus in the Kimberlin v. Frey RICO Remnant LOLsuit. TDPK was seeking to have the Fourth Circuit order Judge Hazel to allow Kimberlin to use confidential discovery material from the Frey case in other LOLsuits.

Everything is proceeding as I have foreseen.

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The Dread Pro-Se Kimberlin is not having a good day at the Fourth Circuit Court of Appeals. That court has upheld Judge Hazel’s sua sponte dismissal of the Kimberlin v. McConnell, et al. LOLsuit. That’s the suit TDPK filed seeking to have the judiciary intervene in the Senate’s handling of the Merrick Garland nomination to the Supreme Court.

Everything is proceeding as I have foreseen.

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And the Fourth Circuit has affirmed Judge Hazel’s dismissal of the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit.

I love it when a plan comes together.

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It must be hard for someone who so desperately wanted to be seen as a player to realize that his whole life has been spent as an NPC.

Team Kimberlin Post of the Day

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One of Brett Kimberlin’s most stupid LOsuits was the case he filed against Mitch McConnell and Chuck Grassley seeking to have a U. S. District Court rule that because they weren’t taking up the nomination of Merrick Garland to the Supreme Court, the Senate had waived advice and consent to the nomination—and that Garland should be seated on the court. When the District Court dismissed the case for lack of subject matter jurisdiction (caused by The Dread Deadbeat Pro-Se Kimberlin’s lack of standing to sue), Kimberlin appealed the dismissal to the Fourth Circuit Court of Appeals. Because of some outright lies in TDPK’s appeal brief, I filed a motion to intervene in the appeal in order to correct the record before the court. Four years ago, I published a post titled Meanwhile, at the Fourth Circuit … which contained TDPK’s opposition to my motion to intervene. It may have contained more lies per square inch than any other court paper he filed in a civil case up to that point.

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… The Dread Pro-Se Kimberlin doesn’t think I should be allowed to intervene in his appeal of the dismissal of his Kimberlin v. McConnell, et al. LOLsuit.

Any comment from me on this matter will come through my lawyer.

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The Fourth Circuit deferred ruling on my motion to intervene pending a review of the merits of the case. When the Court of Appeals upheld the District Court’s dismissal, my motion became moot.

Team Kimberlin Post of the Day

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Two years ago, The Dread Deadbeat Pro-Se Kimberlin had a terrible, horrible, no good, very bad day at the Fourth Circuit Court of Appeals. I reported his difficulties with three posts: Brett Kimberlin Fails Again, Strike Two!, and Strike Three!.

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The Fourth Circuit Court of Appeals has denied The Dread Pro-Se Kimberlin’s petition for a writ of mandamus in the Kimberlin v. Frey RICO Remnant LOLsuit. TDPK was seeking to have the Fourth Circuit order Judge Hazel to allow Kimberlin to use confidential discovery material from the Frey case in other LOLsuits.

Everything is proceeding as I have foreseen.

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The Dread Pro-Se Kimberlin is not having a good day at the Fourth Circuit Court of Appeals. That court has upheld Judge Hazel’s sua sponte dismissal of the Kimberlin v. McConnell, et al. LOLsuit. That’s the suit TDPK filed seeking to have the judiciary intervene in the Senate’s handling of the Merrick Garland nomination to the Supreme Court.

Everything is proceeding as I have foreseen.

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And the Fourth Circuit has affirmed Judge Hazel’s dismissal of the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit.

I love it when a plan comes together.

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Heh.

Team Kimberlin Post of the Day

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Even a flatworm will turn away from pain, but Team Kimberlin has been a glutton for punishment. Back in 2014, The Dread Deadbeat Pro-Se Kimberlin lost the Kimberlin v. Walker, et al. nuisance LOLsuit, and The Dreadful Pro-Se Schmalfeldt withdrew LOLsuit I after two days, saw his counterclaims that made up LOLsuit II dismissed with prejudice, and was the subject of a second peace order. After all that, they were still exchanging the Worst Advice of the Year—

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The Dimwitted Hipster is leading the Cabin Boy™ astray.DemHip201412302152Z

Murum aries attigit.

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2015 wasn’t a good year for Team Kimberlin either. TDPK lost the RICO Madness LOLsuit and saw his untimely appeal of that case turned away by the Fourth Circuit Court of Appeals. He filed his RICO Retread LOLsuit in state court, and a bunch of the defendants in that case were dismissed before year’s end. He filed a bogus peace order petition against me which was denied—as was his appeal of the denial—and the false criminal charge he filed against me was dropped. He also filed the RICO II: Electric Boogaloo LOLsuit which spilled over into 2016.

2015 went no better for the Cabin Boy™. LOLsuit III was dismissed by the U.S. District Court for lack of jurisdiction, LOLsuit IV was dismissed by the Circuit Court of Howard County for improper venue and failure to serve most of the defendants, and LOLsuit V was voluntarily dismissed with prejudice by Schmalfeldt when he fled from Maryland to Wisconsin.

2016 saw TDPK lose his appeal of the Kimberlin v. Walker, et al. LOLsuit, the RICO II: Electric Boogaloo LOLsuit and its appeal and the Kimberlin v. McConnell LOLsuit and its appeal. His petition for a writ of mandamus to force Judge Hazel to modify the protective order in the RICO Retread LOLsuit was denied by the Fourth Circuit, and that court sanction him for including me in his frivolous appeal of RICO II. Meanwhile, the Cabin Boy™ lost LOLsuits VI and VII.

As 2017 grinds to a halt, Kimberlin has lost his appeal of the RICO Retread LOLsuit in the Maryland Court of Special Appeals and has withdrawn his appeal of the RICO II Retread LOLsuit from that court. The Cabin Boy™ has just had LOLsuit VIII booted by the U.S. District Court for the District of South Carolina for lack of personal jurisdiction over the defendants.

2018 is coming. Stay tuned.

Murum aries attigit.

Team Kimberlin Post of the Day

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Our year’s end review of Team Kimberlin news now comes to the month of June.

Early in the month, Judge Hazel dismissed sua sponte The Dread Pro-Se Kimberlin’s LOLsuit against Senators McConnell and Grassley for lack of standing. Later in the month, The Dreadful Pro-Se Schmalfeldt’s first motion to dismiss in the Hoge v. Kimberlin, et al. lawsuit was denied, and the Maryland Court of Appeals denied TDPK’s petition for a writ of certiorari, effectively ending the Kimberlin v. Walker, et al. LOLsuit.

TDPK appealed the dismissal of the McConnell LOLsuit to the Fourth Circuit and asked the appeals court to appoint a lawyer to help him with his appeal. The court deferred ruling on that motion and said they would wait for Kimberlin to explain the merits, if any, of his appeal before ruling. Spoiler alert: The rest of 2016 did not go well for TDPK in the Fourth Circuit.

Stay tuned.

Strike Two!

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The Dread Pro-Se Kimberlin is not having a good day at the Fourth Circuit Court of Appeals. That court has upheld Judge Hazel’s sua sponte dismissal of the Kimberlin v. McConnell, et al. LOLsuit. That’s the suit TDPK filed seeking to have the judiciary intervene in the Senate’s handling of the Merrick Garland nomination to the Supreme Court.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

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The Dread Pro-Se Kimberlin still has three lawsuits pending as well as appeals in three others he’s lost. November should be a busy month for him.

Team Kimberlin Post of the Day

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In the first paragraph of the Complaint in the Kimberlin v. McConnell, et al. LOLsuit (that’s the one in which he’s suing the Senators McConnell and Grassley for not moving the Garland nomination to the Supreme Court through the confirmation process), The Dread Pro-Se Kimberlin says that part of his duties at Justice Through Music Project is to file lawsuits to vindicate his own personal rights. That suit was dismissed for lack of standing by the U.S. District Court, and it’s now on appeal at the Court of Appeals for the Fourth Circuit.

I suspect Brett Kimberlin sees sticking his nose into the Garland nomination controversy  as an opportunity to stir up some donations for his not-for-profits, and the JTMP website has a post on the issue.JTMP_judicial_vacancyNote that the post, which has been up for several weeks, has not generated a single comment. That’s unsurprising. Not one of the posts shown on the JTMP Home Page has elicited any comments. Again, that’s not surprising given how little traffic the site generates.

fruitcakeThe odds are that more people will read this post today than will visit the JTMP website this month. I probably never would have written a word about Brett Kimberlin if he hadn’t engaged in his campaign of brass knuckles reputation management and got that unconstitutional peace order against Aaron Walker, and Aaron wouldn’t have been involved if Kimberlin hadn’t engaged in shutuppery against Seth Allen. I wonder—does Brett Kimberlin ever wish he had ignored what Seth Allen was writing?

Team Kimberlin Post of the Day

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Based on what I’ve been able to report thus far and on things happening behind the scenes that I can’t talk about yet, I can assure the Gentle Reader of the following: Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

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popcorn4bkThe Dread Pro-Se Kimberlin’s informal opening brief for his appeal of the dismissal of the Kimberlin v. McConnell, et al. LOLsuit is due at the Fourth Circuit Court of Appeals by close of business today. This LOLsuit is the one against Senators McConnell and Grassley for their failure to move the current Supreme Court nomination through the Senate. It was dismissed by the District Court for lack of standing.

Gentle Reader may remember that TDPK asked the Fourth Circuit to appoint a lawyer to write an amicus brief in support of TDPK’s case and that the Court told him that they would wait to see if his brief showed the case had any merit.

Team Kimberlin Post of the Day

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I enjoyed the past week.

On Monday, Aaron Walker published the reprimand the Maryland Commission of Judicial Disabilities issued to Judge Cornelius Vaughey for his conduct in the hearing during which he issued the unconstitutional gag order against Aaron. Also, my informal opposition brief to The Dread Pro-Se Kimberlin’s appeal of the RICO 2: Electric Boogaloo LOLsuit was filed with the Fourth Circuit Court of Appeals.

On Tuesday, a second answer to the complaint and a motion to dismiss from the Kimberlins appeared on the Hoge v. Kimberlin, et al. docket. All I can say about them for now is: stay tuned.

On Wednesday, the equation of the day was 9 + 15 + 3 = 27. The significance of that equation was that at close of business on Monday the 27th, The Dreadful Pro-Se Schmalfledt had run out of time to file an answer to the Complaint in the Hoge v. Kimberlin, et al. lawsuit, so I filed a request for an order of default against the Cabin Boy™. Schmalfeldt responded by asking the Court to order that I undergo an involuntary psych evaluation. Meanwhile, TDPK filed a motion with the Fourth Circuit asking them to appoint a lawyer to write an amicus brief to salvage his appeal of the dismissal of his LOLsuit against Senators McConnell and Grassley. Oh, and Eugene Volokh filed an amicus brief in the Maryland Court of Special Appeals supporting Aaron Walker’s appeal of the dismissal of his lawsuit seeking to overturn Grace’s Law, the statute that the Kimberlins have abused in their attempts to bring false criminal charges against Aaron and me. And finally, the Cabin Boy™ sent a whiny letter to Judge Joseph asking her to rule in his LOLsuit VI: The Undiscovered Krendler.

On Thursday, the Fourth Circuit told TDPK that they would wait to see if his informal brief showed his appeal had merit before assigning counsel. Also, TDPK added a supplement to his improper appellee’s brief that he has file in Aaron’s Court of Special Appeals case. TPDK isn’t a party and lacks standing to file.

On Friday, Judge Joseph ruled. She dismissed LOLsuit VI: The Undiscovered Krendler for lack of personal jurisdiction.

Yeah, not a bad week over all.

The Independence Day holiday will make this week a short work week for the courts, but I foresee … oh, why spoil the surprise.