Team Kimberlin Post of the Day


There are two kinds of laws. The first, most basic, are the laws of nature and human behavior. The second are the government’s laws. The first are enforced by Reality. The second are enforced by courts. Team Kimberlin’s lawfare has failed in the courts because of their lack of understanding of the government’s laws. Their lawfare has failed as reputation management because they have repeatedly violated the Real World’s laws as well. One of those laws is the Law of Holes: When you’re stuck in a hole, stop digging. This bit of RICO 2: Electric Boogaloo LOLsuit Appeal News from two years ago today shows an example of The Dread Deadbeat Pro-Se Kimberlin continuing to dig.

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I have filed a motion for sanctions against The Dread Pro-Se Kimberlin for including me in his frivolous appeal of the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit. Unsurprisingly, he has opposed my motion for sanctions.

Here is the reply my lawyer has filed on my behalf.

Any further substantive comments on the matter of sanctions in that case will come through my lawyer until after the Fourth Circuit Court of Appeals has ruled on my motion.

TDPK has also filed a whiny little motion asking the Fourth Circuit to reconsider the denial as untimely filed of his motion for a rehearing of his appeal.

Here is the opposition to TDPK’s motion my lawyer has filed on my behalf.

Any further substantive comments on TDPK’s motion for a rehearing will come through my lawyer until after the Fourth Circuit Court of Appeals has ruled on the motion.

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Not only were TDPK’s motions futile, but the court granted the higher sanctions award I requested.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


One of the primary reasons for the Dread Deadbeat Pro-Se Kimberlin’s unblemished record of failure at lawfare is his inattention to important details. I took note of such a failure a couple of years ago today in a post titled The Fourth Circuit Makes Short Work of Brett Kimberlin.

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The Dread Pro-Se Kimberlin filed a motion for reconsideration of the dismissal of this appeal of the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit. He didn’t file on time.

Everything is proceeding as I have foreseen.

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Perhaps he was too busy working as The Dread Deadbeat Protector Kimberlin in the aftermath of protecting our 2016 election.

Team Kimberlin Post of the Day


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


Today is the second anniversary of Judge Hazel’s dismissing the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit, which reported in this Qapla’ post.

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I win. Again.

Judge Hazel has dismissed the RICO 2: Electric Boogaloo LOLsuit with prejudice.

I am pleased.

res_judicata_mugsUPDATE—Once again, Judge Hazel has correctly taken the position that The Dread Pro-Se Kimberlin’s state law claims were none of the federal court’s business. Those claims were dismissed without prejudice. TDPK can refile them in state court. He may, but they will be barred by res judicata and collateral estoppel.

UPDATE 2—Kimberlin continues his perfect record of batting .000 against me. Two false criminal complaints failed. A bogus peace order petition failed, both in the District Court and on appeal in the Circuit Court. His first RICO Madness case failed, as did his appeal to the Fourth Circuit. His first state LOLsuit failed, and he lost his appeal of that one also. Now, he’s lost RICO 2.

I wonder if he’s getting the message yet?

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It’s taken a while, but The Dread Deadbeat Pro-Se Kimberlin may be getting the message.

He appealed the dismissal to the Fourth Circuit Court of Appeals. Not only did that court affirm the dismissal, the Fourth Circuit sanctioned Kimberlin for frivolously including me in that appeal.

However, when TDPK refiled the suit in state court, he was smart enough to drop me as a defendant, and although he filed an appeal of the dismissal of the state case, he later wised up and withdrew that appeal.

He still hasn’t paid the sanction ordered by the Fourth Circuit—or any of the sanctions he owes me from other cases.

I’m not done with him yet.

Team Kimberlin Post of the Day


As of 9 pm ET last night, there had only been one filing yesterday in the Kimberlin v. Frey RICO Remnant LOLsuit appeal. It was Patrick Frey’s Disclosure of Corporate Affliations form. Those forms were due from both parties today.For now, there’s nothing on PACER indicating that The Dread Deadbeat Pro-Se Kimberlin complied with the court’s orders to file a redacted version of his informal opening brief, a certificate of confidentiality for the seal version, and his Disclosure of Corporate Affiliations form. He may have gotten them in on time, but the Clerk’s Office may not have completed scanning them for PACER yet. Or he may have blown it. We’ll see it anything appears on the docket tomorrow.

Meanwhile, here’s a look at another bit of court paperwork the TDPK screwed up in 2015. This was the TKPOTD two years ago today.

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Well, we seem to have caught The Dread Pro-Se Kimberlin in yet another misrepresentation to a court. Here’s what the Certificate of Service filed with his opposition to several of the motions to dismiss his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit looks like:ECF 74 cert

When I filed my reply, I informed the court that I had not yet been served a copy of TDPK’s opposition but was filing based on what I found in PACER. I did eventually receive a copy of the opposition, but it was late in arriving. Inspection of the envelope and its postmark revealed why.ECF 74 EnvelopeECF 74 PostmarkpantsonfireThe package was not mailed to me on the day the opposition was filed with the court (also the day claimed in the Certificate of Service). It was mailed on the 17th instead of the 15th. You know, if the postmark were the next day, it could have been that he dropped in the mail late in the afternoon and that the mail in that box wasn’t collected until the next day. However, there’s a two-day lag. Also, the postage label is one from a counter sale, so the postage was paid for on the 17th. No, TDPK lied to the court.

BTW, I mail service to those receiving it by snail mail on my way to the courthouse. That way, I know the what I’m telling the court about service is true.

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TDPK has already lost his appeal in the RICO 2: Electric Boogaloo LOLsuit and has been sanctioned by the Fourth Circuit Court of Appeals for frivolously including me as an appellee.

Everything proceeded as I foresaw.

Team Kimberlin Post of the Day


A couple of weeks ago, I sent a letter by hand delivery to Brett Kimberlin. The correspondence dealt with matters related to appeals he has filed with the Court of Appeals for the Fourth Circuit. This is the closing paragraph from that letter—The Gentle Reader will probably not be surprised to learn that I have not received any payment from Kimberlin toward the sanction awarded by the Fourth Circuit for his frivolously including me in his appeal of the RICO 2: Electric Boogaloo LOLsuit.

Murum aries attigit.

Team Kimberlin Post of the Day


Here’s a quick summary of the lawsuits that Team Kimberlin has filed against me—

Kimberlin v. Walker, et al., summary judgment in my favor on 5 counts and a directed verdict in my favor on 2 counts at trial, affirmed by the Court of Special Appeals.

Kimberlin v. National Bloggers Club, et al. (I), all federal claims dismissed for failure to state a claim upon which relief can be granted.

Schmalfeldt v. Hoge, et al., voluntarily dismissed after 2 days.

Schmalfeldt v. Johnson, et al., dismissed for lack of personal jurisdiction.

Kimberlin v. Hunton & Williams LLP, et al., dismissed for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted, affirmed by the Fourth Circuit Court of Appeals.

Schmalfeldt v. Hoge, et al., dismissed for improper venue.

Kimberlin v. National Bloggers Club, et al. (II), dismissed for failure to state a claim upon which relief can be granted because of res judicata.

Scmalfeldt v. Grady, et al. (IV), service of process not yet effected.

Everything is proceeding as I have foreseen.

Meanwhile, in Hoge v. Kimberlin, et al. and Palmer v. Schmalfeldt, it’s T-minus 4 days and counting.