David Stebbins v. Joshua Moon and Lolcow LLC. Case: 2:24-CV-00140, Southern District of West Virginia. - Acerthorn sues the Farms

[Sneed Force One]

Stebbins compares himself to a convicted Sex Offender.
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Wow, I've never seen anything like that.
They usually order that pro se vex lit filings are screened, not outright refused.

 

[LiquidChrisRespecter]

The entire response can just be summarised as "ummm AKSHUALLY, would a vexatious litigant say this?"

Yes, retard.

 

[mindlessobserver]

I am cautiously hype foe what the 4th circuit is going to say about this dumpster fire. I know ive been dissapointed before, but there is a good chance they do use their discretion to shoot stabby out of a cannon. Usually the worst that can happen in a mandamus petition is the circuit court just says no. But that is not "precisely" the worst that can happen if they get suitably annoyed.

I dont see his case getting tossed entirely, but I could see them telling him he needs to pay the filing fees AND hire an attorney going foreword. Maybe even sanction him for wasting their time God willing.

 

[WarJams]

I am cautiously hype foe what the 4th circuit is going to say about this dumpster fire.

I hope they sit on it for six fucking months!

 

[Irene and 22 others]

I am cautiously hype foe what the 4th circuit is going to say about this dumpster fire. I know ive been dissapointed before, but there is a good chance they do use their discretion to shoot stabby out of a cannon. Usually the worst that can happen in a mandamus petition is the circuit court just says no. But that is not "precisely" the worst that can happen if they get suitably annoyed.

I dont see his case getting tossed entirely, but I could see them telling him he needs to pay the filing fees AND hire an attorney going foreword. Maybe even sanction him for wasting their time God willing.

Doesn't the mandamus petition become moot if the district court rules on the underlying issue before the mandamus petition is ruled on and granted? If the district judge really doesn't want to deal with any of this shit, there's a possible easy out that Hardin has dangled in front of the court. Stebbins insinuates in his own response that he's able to pay for some things while not being able to pay for others. The court can deny him IFP status because the filing fees are certainly a thing that he can choose to pay for. He could elect to pay the fees and then this farce continues. The court can find some other reason to keep it in a holding pattern until it gets tossed.

 

[mindlessobserver]

Doesn't the mandamus petition become moot if the district court rules on the underlying issue before the mandamus petition is ruled on and granted? If the district judge really doesn't want to deal with any of this shit, there's a possible easy out that Hardin has dangled in front of the court. Stebbins insinuates in his own response that he's able to pay for some things while not being able to pay for others. The court can deny him IFP status because the filing fees are certainly a thing that he can choose to pay for. He could elect to pay the fees and then this farce continues. The court can find some other reason to keep it in a holding pattern until it gets tossed.

I think the district court is holding out hope the circuit court makes their job easy for them with a smackdown.

 

[Napoleon III]

I am cautiously hype foe what the 4th circuit is going to say about this dumpster fire. I know ive been dissapointed before, but there is a good chance they do use their discretion to shoot stabby out of a cannon. Usually the worst that can happen in a mandamus petition is the circuit court just says no. But that is not "precisely" the worst that can happen if they get suitably annoyed.

I think what is occurring is Hardin is basically saying this guy is a complete retard who will make your life difficult for no reason, and if you don't believe me because this is an adversarial court system let me show you TWO instances where courts ruled this guy is such a fucking retarded he should have his ability to interact with courts limited. Oh and here is this very convenient method to get rid of this entire thing with his IFP application.


Which means the thing Acerthorn needs to do is show how actually he isn't a giant retarded and this lawsuit is important and the opposition is just being mean. He decides to do this by admitting that yes he is a vexatious litigant and yes he is litigating the question of whether he is vexatious. What is it with lolcows going yes while that did happen and your filing is correct you are still actually wrong in their oppositions?


If you were a judge would you want to spend a lot of time getting to know Mr. Stebbins and his issues, would you want to have a hotline from Acerthorn's mind into your docket?

Nothing is ever certain but god wishes to punish the turkeygobbler for his sins. Either he is punished or a Judge must elect to suffer for him for some reason. As such I am cautiously optimistic.

 

[mindlessobserver]

The big issue is the 4th circuit is going to be extremely reluctant to toss this case, espdcially on a mandamus petition by the plaintiff. They  can using their plenory power since Stebbins decided to involve them and invoked their jurisdiction. But will they? I seriously doubt it. They may just tell him to shut up and sit back down.

 

[Harvey Danger]

The big issue is the 4th circuit is going to be extremely reluctant to toss this case, espdcially on a mandamus petition by the plaintiff. They  can using their plenory power since Stebbins decided to involve them and invoked their jurisdiction. But will they? I seriously doubt it. They may just tell him to shut up and sit back down.

My bet is a judge from the 4th makes a discreet phone call to the district judge, and asks him to just accept/reject the magistrate's recommendation already. That lets them moot the whole mess, and avoid the district judge getting poked with a Writ he really has earned.

If he accepts the recommendation, obviously Stabby will appeal it. But then the Appeals court has even stronger reason to reject IFP and let the whole frivolous suit go away.

 

[Useful_Mistake]

 

[DavidS877]

Noooo, it is you who are vexatious... Oh, wait, we already knew that.

4th Circuit ECF 13 as Images. Includes the Arkansas court's order, fun for those who haven't seen it before.

Spoiler: 10 pages

 

[Harvey Danger]

Noooo, it is you who are vexatious... Oh, wait, we already knew that.

This is Josh counting up the hours spent trying to retroactively prove Greer wasn't IFP, and telling Hardin "fight this shit at the start with everything we've got".

Bonus snark:


"If you don't like issuing writs of mandamus, instead you could scold the retard for causing the slowness he's complaining of."

 

[Napoleon III]

This filing is short and to the point. It's basically just Hardin handing the clerk and therefore hopefully the judge more of what they would need to get rid of this case.

I can tell Hardin has worked with slow bureaucrats before. This filing has a very "I'm going to get you every form you need to sign in order with the important bits highlighted so you don't take forever to do it kind of feel".

 

[Irene and 22 others]

Supposing the court denies Stebbins IFP status, what is the likelihood that he pays the filing fee and this case moves forward? Him not doing it and the case getting dismissed would be better for Null, but the amount of butthurt he would experience if he did pay the fees only for the case to get dismissed shortly afterwards would be so much greater and probably would cause him to rage at the court and wind up getting declared vexatious in a third federal court, or only in one federal court with pending appeals in two others depending on how one wants to look at it.

 

[Harvey Danger]

what is the likelihood that he pays the filing fee and this case moves forward?

If you take Stabby at his word, needing to pay fees automatically ends the case.



If he winds up paying the fees anyway, then arguably he's lied to the court about his indigency, either on the applications or with this line in his response.

 

[DragoonSierra]

If you take Stabby at his word, needing to pay fees automatically ends the case.

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If he winds up paying the fees anyway, then arguably he's lied to the court about his indigency, either on the applications or with this line in his response.

Hell just come up with the excuse he saved enough money since the IFP filing

 

[Irene and 22 others]

If you take Stabby at his word, needing to pay fees automatically ends the case.

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If he winds up paying the fees anyway, then arguably he's lied to the court about his indigency, either on the applications or with this line in his response.

The logic on that seems off because anyone who applies for IFP status, gets denied, and then pays the filing fee must have also lied and should have their case automatically dismissed. That creates a result where being denied for IFP effectively ends the case either way. Stebbins is stupid, but he would be even more of an idiot to claim in his own filing that if the court revoked his IFP status that he'd pay the fees anyway.

Hell just come up with the excuse he saved enough money since the IFP filing

He's had two years to save up. Not that he actually has done that, but he could have if he wanted to or wasn't a lolturkey.

 

[Harvey Danger]

The logic on that seems off because anyone who applies for IFP status, gets denied, and then pays the filing fee must have also lied and should have their case automatically dismissed.

If it gets denied and they pay, there's no grounds for dismissal. Parties don't generally get punished for asking the court for something then getting rejected... as long as they were being honest and acting in good faith. Greer's situation is different, Hardin's claim is that he lied on the IFP application, which is grounds for dismissal.

Stabby is being particularly stupid here by tying himself down to "no IFP = no case", on the record. He should have left his options open. If he loses then pays up, Hardin can rightfully point to this as an instance of him exaggerating to the court.

That creates a result where being denied for IFP effectively ends the case either way.

Well, if you don't meet the financial criteria for IFP, then you are able to pay the fees, and you should be paying the fees. Being able to pay for your case but choosing to end it instead is your own choice, no injustice done.

If you meet the financial criteria but still get denied IFP, then it's likely you are such a major fuckup that justice is better served by not hearing your case at all. Stebbins is the poster boy for that scenario. And before someone raises an academic argument about theoretical injustice to the poors, note that it has taken nearly two decades and > 50 court cases for him to reach that status.

 

[Useful_Mistake]

 

[4090 Chad]

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Him and Greer stuck on the same shitty free AI lawyer model?

“Sanction Hardin! Now! Now! Now! Now!”