Yesterday’s TKPOTD looked back a one of Bill Schmalfeldt’s strategic errors in filing his LOLsuit VIII. Today, we’ll look at the next day’s TKPOTD.
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PRE-UPDATE—This post was drafted during the early afternoon yesterday. Since then, the Cabin Boy™ has put out some tweets that show he may be beginning to understand his real situation. That may be, but I’m going leave this post in its original form—
The Cabin Boy™ either hasn’t read the U.S District Court for the District of South Carolina’s Guide for Pro Se Litigants and the order that was sent to him or his read comprehension is even worse than I thought. Or he’s lying.
First, the Order issued on Friday clearly states that
[t]his case is not in proper form for service at this time. If Plaintiff does not bring this case into proper form within the time permitted by this Order, this case may be dismissed for failure to prosecute and failure to comply with an order of this court under Rule 41 of the Federal Rules of Civil Procedure.
Next, the order explains what the Cabin Boy™ needs to submit and states that
[n]o process shall issue until the items specified above have been reviewed by the assigned Magistrate Judge.
Finally, the order instructs the Clerk of the Court that if
Plaintiff provides this court with the items assigned above, the Clerk of the Court should forward the file to the assigned Magistrate Judge to determine if service of process should be authorized.
The order was posted on Friday and mailed to the Cabin Boy™ that day. Even if he downloaded copies of the forms he is supposed to submit and mailed them back to the Clerk on Friday, they would not have been delivered to the court before Saturday, and would not be processed and forwarded to the judge until this morning at the earliest. It probably will be some time before the judge reviews any submission the Cabin Boy™ makes and decides whether to issue summonses. The verb should be authorized is in the future conditional tense which means that the possibility of the judge’s action rests on as yet unrealized circumstances, i.e,, the Cabin Boy™ getting his paperwork straight.
BTW, this analysis is consistent with the case docket as shown on PACER.
There is nothing shown on the docket after the mailing of Friday’s order.
OTOH, here’s what a pro se case docket that did have a summons issued looks like.
Notice that the issuance of the summons is specifically noted after the proper form order and the attachment of additional documents, events that don’t appear on the LOLsuit VIII docket yet.
Everything is proceeding as I have foreseen.
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Patrick Grady was among my codefendants in LOLsuit VIII. Schmalfeldt was again claiming that Patrick was the anonymous blogger Paul Krendler. Here’s the cartoon by the anonymous blogger(s) Vigilans Vindex from the post’s comments.
He’s not off to a very good start with LOLsuit VIII, and I suspect it will downhill all the way for him, which brings up these two comments—
Heh.
It’s clear that he didn’t actually check any of those case. I did. Well, I checked the first two, and neither of them mentions the criminal defamation statute at all, let alone cites it as a basis for a cause of action.
… but he must not have read the old and new versions of the law and compared them with the Fitts v. Kolb decision by the U. S. District Court. If had done so, he would have seen that the portion of the law that caused the old version to be struck down by the federal court is still in the current version. The law may still be on the books as far as the state is concerned, but the federal court won’t enforce it. In fact, it will act to prevent enforcement. BTW, the Fourth Circuit Court of Appeals has favorably cited the Fitts ruling as good law in one of its opinions.
The Cabin Boy™ says I lied about his putting my face into pornographic images, specifically, an image involving anal intercourse. He may recognize the image on the left. It was stored on his Patriot-Ombudsman website as Screen-Shot-2013-03-24-at-5.07.52-PM_clipped_rev_1-2.33.37.png. (Since it was stolen from a video by Peter Ingemi, the Cabin Boy™ has no rights to the image.) It was this image that he photoshopped on the body of a man on the receiving in of anal sex. I have the original post as he published it in the vault, but I won’t post it here because I intend to keep my end of the 2014 Settlement Agreement. Also, this isn’t a porn site, so I do not choose to have such filth on this blog. However, if the Cabin Boy™ wants the image included in a court filing, I will do that if necessary. But he may want to remember Judge Kramer’s reaction to the other homoerotic image he posted with my face photoshopped in when it was entered into evidence in Schmalfeldt v. Hoge, et al.
However, I stand by my decision not to reproduce Schmalfeldt’s filth on this blog. For now, the most I will do is show the small section of the original image at right. The area behind my face has been blurred to remove pornographic content.
I normally save tweets as rendered by a browser because they tend to be more compact when included in a blog post. Note that the timestamp on the this tweet is 3:10 am, 9 July. My Tweet Deck program uses UTC which is +4 hours from ET. The tweet in UPDATE 3 is timestamped one minute later.
For the record, Aaron Walker has only represented me in court in The Dread Pro-Se Kimberlin’s appeal of the RICO 2: Electric Boogaloo LOLsuit in the Fourth Circuit Court of Appeal. Aaron won that appeal for me and also an award of sanctions against Kimberlin for filing his frivolous appeal against me.
It’s apparent that the Cabin Boy™ appears to be unaware of the meaning of apparent.
Rather than fisk the whole thing, I’ll limit my pointage, laughery, and mockification to the first and last tweets of that thread.
If his tweet is truthful, then the only allegedly defamatory remark in the paragraph the Cabin Boy™ cites is my reference to him as a deranged cyberstalker. If that’s the case, then he is admitting that the rest of the paragraph is not defamatory.
Actually, Patrick Grady probably could have relied on res judicata as a defense in LOLsuit VII, because he was targeted in LOLsuit V and LOLsuit VI. Other people are probably also covered to some extent: Eric Johnson (LOLsuits III, IV, and VI), Roy Schmalfeldt (LOLsuits V and VI), Paul Krendler (LOLsuits I and III), Nancy Gilly (LOLsuits I and VI), Howard Earl (LOLsuits III and IV), and me (LOLsuits I and III).