All of the Kimberlin LOLsuits of the past decade have failed either because there was no evidence to support his claims or because his allegations didn’t support an actual cause of action. The TKPOTD for nine years ago today pointed out one such hole in his first RICO LOLsuit.
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I’ve previously noted that The Dread Pro-Se Kimberlin needs to answer the points that we defendants have raised in our motions to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. He needs to explain why the “facts” he has alleged in his complaint are sufficient to establish a claim upon which the court can grant relief. That explanation is due on 8 December in the form of an omnibus opposition to our motions.
Remember that at this stage of the proceeding the court is supposed to give TDPK the benefit of the doubt as to whether or not his allegations are true.
Here’s one of them—
OK. Let’s pretend for the sake of argument that what he says it true. So what? How could writing mean things about the Howard County State’s Attorney have injured Brett Kimberlin?
It couldn’t have caused him any injury in his business or property, so it is not basis for his RICO claim.
It doesn’t have anything to do with Patrick Frey, so it is not a basis for the civil rights claim against him.
It doesn’t involve race- or class-based discrimination against TPDK, so it is not a basis for a claim under the KKK Act.
It doesn’t have anything to do with Kimberlin per se, so it is not a basis for any of his state law claims of defamation, false light invasion of privacy, interference with prospective business, battery, conspiracy, or mopery with intent to lurk.
Like so much of his complaint, nothing in that half-page of gobbledygook supports anything in his case. It’s all wasted pixels and toner. The challenge facing TDPK over the next two-and-a-half weeks is to try to salvage the elements of at least one on the causes of actions he’s alleged out of the dreck in his second amended complaint. Thus far, it seems that he’s been frittering away his time on nonsense such as the motion for a new trial in the Kimberlin v. Walker, et al. nuisance lawsuit.
Tick, tock.
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His ongoing Kimberlin v. Reality (aka Kimberlin v. DOJ) seeking money damages for his time in prison because of his Speedway Bombing convictions failed in U. S. District Court. When the Court of Appeals for the Seventh Circuit reviewed the case, it found—
More than 40 years ago, juries convicted Brett Kimberlin of felonies related to a series of bombings in Speedway, Indiana. He maintains his innocence and, after a host of unsuccessful direct appeals, collateral attacks, and adjacent civil litigation, he sued the United States Department of Justice, the Bureau of Alcohol, Tobacco, and Firearms and Explosives, the Indiana State Police, state and federal officials, as well as a juror and her husband—all of whom, he alleges, conspired to convict and imprison him. The district court screened the complaint and dismissed it after concluding that most of Kimberlin’s claims were barred by Heck v. Humphrey, 512 U.S. 477 (1994), and that the remainder of his complaint failed to state a claim. We affirm the judgment.
Kimberlin has filed a petition for a writ of certiorari with the Supreme Court. The Government’s response is due this Friday.
Stay tuned.
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.
IIRC, that’s the same Merrick Garland who Kimberlin wanted on the Supreme Court so much that he sued Mitch McConnell and Chuck Grassley because they were stonewalling Garland’s nomination. It seems ironic that losing the Kimberlin v. McConnell, et al. case may have wound up helping The Deadbeat Pro-Se Kimberlin by keeping a member of the conspiracy to falsely convict him of the Speedway Bombings off of the Supreme Court.