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Mon Jun 24, 2019, 04:31 PM

 

Congratulations, everybody.... we won!

Many of you may not have known how perilously close we all came to losing this case:



https://www.courtlistener.com/recap/gov.uscourts.mnd.178704/gov.uscourts.mnd.178704.1.0.pdf

The court has adopted the findings set forth in the Magistrate's report, but I'm concerned the Magistrate left an appealable issue on the table:

https://www.courtlistener.com/recap/gov.uscourts.mnd.178704/gov.uscourts.mnd.178704.3.0.pdf




15 replies, 1990 views

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Arrow 15 replies Author Time Post
Reply Congratulations, everybody.... we won! (Original post)
jberryhill Jun 2019 OP
SouthernProgressive Jun 2019 #1
brooklynite Jun 2019 #2
madinmaryland Jun 2019 #5
Thomas Hurt Jun 2019 #3
2naSalit Jun 2019 #4
unblock Jun 2019 #6
rampartc Jun 2019 #7
Shrike47 Jun 2019 #13
underpants Jun 2019 #8
jberryhill Jun 2019 #9
underpants Jun 2019 #11
The Velveteen Ocelot Jun 2019 #10
FakeNoose Jun 2019 #12
LuvNewcastle Jun 2019 #14
jberryhill Jun 2019 #15

Response to jberryhill (Original post)

Mon Jun 24, 2019, 04:37 PM

1. Dude has some grievances. NT

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Response to jberryhill (Original post)

Mon Jun 24, 2019, 04:37 PM

2. Was anyone in The World subpoenaed to testify? I wasn't.

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Response to brooklynite (Reply #2)

Mon Jun 24, 2019, 04:46 PM

5. The basketball player named World Be Free. Mr. Free retired some years ago.

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Response to jberryhill (Original post)

Mon Jun 24, 2019, 04:45 PM

3. Man, for some people, Festivus just isn't enough.

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Response to jberryhill (Original post)

Mon Jun 24, 2019, 04:45 PM

4. Did we get a pony?

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Response to jberryhill (Original post)

Mon Jun 24, 2019, 04:47 PM

6. dismissed *without* predjudice! he can have another go at it!

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Response to jberryhill (Original post)

Mon Jun 24, 2019, 04:48 PM

7. is this some kind of sovereign citizen thing

he is talking about "his banks" as if he is owed something for a string of un named yet petty grievances. any reasonable judge would bang a gavel on this guy's head.

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Response to rampartc (Reply #7)

Mon Jun 24, 2019, 05:47 PM

13. Mental illness.

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Response to jberryhill (Original post)

Mon Jun 24, 2019, 04:58 PM

8. Love this part

Kostuch’s complaint is nearly impossible to follow. Aspects of the pleading appear to challenge the practices of several financial institutions; other aspects appear to challenge the validity of an arrest; others still appear discontented with various instances of disrespect. Other allegations defy explanation. None of the claims is spelled out in much (or any) detail, nor is any particular claim attributed to any particular actor; instead, the complaint meanders from one grievance to the next.

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Response to underpants (Reply #8)

Mon Jun 24, 2019, 04:59 PM

9. Well, yeah...

 


I mean, the complaint has to address everything the world did to him.

If he re-files, we should settle for beer and travel money.

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Response to jberryhill (Reply #9)

Mon Jun 24, 2019, 05:34 PM

11. Sounds like it was born from a barstool

Or sovereign citizen world

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Response to jberryhill (Original post)

Mon Jun 24, 2019, 05:16 PM

10. Mad as a box of frogs, that one...

I used to have a whole collection of court opinions addressing bizarre pro se lawsuits brought by people who were pro se for good reason - wish I could find it. A couple of my favorites that I can remember are Mayo v. Satan, here: https://kevinunderhill.typepad.com/Documents/Mayo_v_Satan.pdf (lawsuit against Satan dismissed for lack of personal jurisdiction) --

We question whether plaintiff may obtain personal jurisdiction over the defendant in this judicial district. The complaint contains no allegation of residence in this district. While the official reports disclose no case where this defendant has appeared as defendant there is an unofficial account of a trial in New Hampshire where this defendant filed an action of mortgage foreclosure as plaintiff. The defendant in that action was represented by the preeminent advocate of that day, and raised the defense that the plaintiff was a foreign prince with no standing to sue in an American Court. This defense was overcome by overwhelming evidence to the contrary. Whether or not this would raise an estoppel in the present case we are unable to determine at this time.

and Searight v. New Jersey, https://lawandlogic.files.wordpress.com/2012/03/searight-v-new-jersey.pdf (plaintiff claimed the State of New Jersey unlawfully injected him in the left eye with a radium electric beam, with the result that someone was talking to him on the inside of his brain; dismissed for lack of federal subject matter jurisdiction):

But, taking the facts as pleaded, and assuming them to be true, they show a case of presumably unlicensed radio communication, a matter which comes within the sole jurisdiction of the Federal Communications Commission, 47 U.S.C. s 151, et seq. And even aside from that, Searight could have blocked the broadcast to the antenna in his brain simply by grounding it. See, for example, Ghirardi, ‘Modern Radio Servicing’, First Edition, p. 572, ff. (Radio & Technical Publishing Co., New York, 1935). Just as delivery trucks for oil and gasoline are ‘grounded’ against the accumulation of charges of static electricity, so on the same principle Searight might have pinned to the back of a trouser leg a short chain of paper clips so that the end would touch the ground and prevent anyone from talking to him inside his brain. But these interesting aspects need not be decided here....

The judges seemed to find these cases interesting, to say the least.

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Response to jberryhill (Original post)

Mon Jun 24, 2019, 05:46 PM

12. Lawyers don't get mad, they get even!



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Response to jberryhill (Original post)

Mon Jun 24, 2019, 06:36 PM

14. This sentence intrigued me:

"Blood on an ice cream cone at Fridley McDonald's (2018)." Guess you had to be there.

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Response to LuvNewcastle (Reply #14)

Mon Jun 24, 2019, 06:39 PM

15. That's how they get you

 

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