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Old May 1, 2012, 08:15 AM   #26
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Six weeks..
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Old May 1, 2012, 08:37 AM   #27
Bartholomew Roberts
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As an aside, I think between TFL and THR, there are at least five or six of these "I am going to show these people what the Second Amendment is really about" pro-se complaint threads. In every one of the threads, people voice their concerns and skepticism. In every one of the threads, they get responses similar to what Mr. Nichols wrote here.

The difference with the earlier threads is you can see exactly where those cases went and how they impacted the Second Amendment (and uniformly it was either negatively or not at all).

Off the top of my head, the earlier cases were:

Hollis Wayne Fincher (now in prison)
Don Hamrick (cert denied)
Silveira v. Lockyer was not filed pro-se; but otherwise followed this pattern.

And I think there are one or two more besides these. Maybe being able to see all those past conversations that sound so much like this one to my ears would at least cause future pro-se complaintants to pause and consider their case.
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Old May 1, 2012, 09:54 AM   #28
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 7,564
Originally Posted by Charles Nichols
More than 30 years in practice and Frank somehow missed learning that a complaint can only be dismissed with prejudice under 12(b)(6) if it is frivolous, time barred or otherwise incapable of being corrected by amendment.

Frank apparently can't conceive of an amended complaint to escape a dismissal with prejudice, we'll know within six weeks or so whether District Court Judge Otero is similarly impaired....
Just another post that helps illustrate the kind of fundamental disconnect that characterizes pretty much everything Nichols writes.

I've real haven't discussed the present pleading battle.
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
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Old May 1, 2012, 09:55 AM   #29
Spats McGee
Join Date: July 28, 2010
Location: Arkansas
Posts: 5,557
I just finished reading the magistrate's Report and Recommendations. Apparently, I am unable to resist the temptation to stay out of this one, against my better judgment.

Originally Posted by Charles Nichols
. . . .Her opinion is that governors and police departments are immune from Federal Civil Rights lawsuits, not just as applied to my case but in all cases. . . . .
I haven't done any research on governors, having never had the opportunity to defend one in a 1983 suit. As far as police departments go, she's right. Generally speaking, they are not entities amenable to suit.

Originally Posted by Charles Nichols
. . . . I have read federal lawsuits against California governors and other state officials that were written in pencil where the district court judge gave the plaintiff multiple opportunities to correct the deficiencies in the complaint. . . . .
And the magistrate in your case recommended that you be given leave to amend on many of your claims, too.
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.

Last edited by Spats McGee; May 1, 2012 at 10:18 AM.
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Old May 1, 2012, 11:46 AM   #30
maestro pistolero
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Join Date: August 16, 2007
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You do not seem interested in winning allies.
Nor do you apparently understand it's importance, Charles.

It's interesting, perhaps telling, that you don't address any of the several posts pointing out that you habitually alienate your natural allies. Again, why do you do that?
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Old May 1, 2012, 11:51 AM   #31
Tom Servo
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As an aside, I think between TFL and THR, there are at least five or six of these "I am going to show these people what the Second Amendment is really about" pro-se complaint threads.
And Kwikrnu. Let us not forget dear old Mr. Embody.

There's a reason this stuff moves slowly. Mr. Nichols' "enemies" have a plan, and it has to be laid out several moves in advance. While it may seem charming and quaint to speak truth to power, one must work within the system to effect real change.
Sometimes it’s nice not to destroy the world for a change.
--Randall Munroe
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