Charles Nichols v. Edmund G Brown Jr et al

[Fishing_Cabin]

Charles,

I do not live in California either, but to echo what MLeake has stated roughly, until you came on here I had no idea who you are. Beyond your trying to alienate me and others, I wish you would do more to listen to others about your case.

While I hope you win, I will keep my fingers crossed...

 

[maestro pistolero]

I assure you, Charles, very little is lost on us. You inexplicably alienate folks who are nothing but sympathetic. How do you expect to prevail against
real adversaries when you lack the judgment to recognize allies?

You must post here because you imagine this (correctly) to be friendly territory. But then you begin or end a post with a false negative assumption and insult all your new friends. What gives?

 

[Frank Ettin]

...Alas, this is all lost on you folks.

It's not lost on me. For more than 30 years in practice, reading and understanding statutes and cases was my business, how I made my living and how I supported my family.

However, after having read the pleading in your case, including your complaint and your responses to motions, I've found that I can't put much credence in your assessment of what the cases say.

 

[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.

I'll give you'all a hint:
Starr v. Baca, 652 F. 3d 1202 - Court of Appeals, 9th Circuit 2011 -> The US Supreme Court just refused to hear the appeal.

Coalition to Defend Affirmative Action v. Brown, Court of Appeals, 9th Circuit 2012

Now for the kids at the back of the class. What Governor got slapped with an injunction where his sole enforcement connection was a government code section identical to California Government Code section 12010 & 12011?

Keeping in mind that I have alleged a much more tightly coupled level of enforcement of the statute than Brown has with the Board of Regents.

And if all else fails, even Brown's attorney concedes that my suing the governor in his personal capacity keeps him on the hook.

It's a good thing I never asked Frank to review my complaint before I filed it. The attorney who did review it, pro bono, thinks the magistrate judge is an idiot. Others have used other words, none of them charitable.

Frank is the only attorney, including Brown's attorney, who seems to think otherwise.

 

[MLeake]

Charles, I don't know if you are right or not. Your persuasive style leads me to believe you are likely to achieve Pyrrhic victories, though.

IE, you have high odds of offending or driving away your audience, even if you might be technically correct.

You do not seem interested in winning allies.

 

[C0untZer0]

Six weeks..

 

[Bartholomew Roberts]

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.

 

[Frank Ettin]

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.

 

[Spats McGee]

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.

. . . .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.

. . . . 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.

 

[maestro pistolero]

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?

 

[Tom Servo]

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.