Violating Twitter TOS (not really) because..

macaca_nigra_self-portrait_custom-a8e13582c9ca6f71f5cd62815b8bb5d6ff112dc2-s300-c85It seems as though a certain individual has this idea that because something wasn’t explicitly said, doesn’t make it true.

Let’s say you’re in a court case and the court publishes a routine order that conforms to existing precedent – for example, say, hypothetically, a pro-se plaintiff is given a Roseboro Order.

In this order, the prosecutor pro-se plaintiff is instructed on the procedures outlined during the various phases and what their responsibility is as part of the process.

Now why a Chief Justice Pro-Se Prosecutor of Twitter Court needs one of these is beyond me, but my guess is the reputation of such an esteemed individual has yet to reach, and be fully realized by the court.

Anyway, here is the tweet..

And in violating Twitter TOS (not really), as explained by the Chief Justice Pro Se Prosecutor, here is the relevant and now illegal image from the tweet:


Um, just so you know, the court isn’t going to tell you what is technically wrong with your responses in this order. This order is only  informing you of the process per court precedent, most likely after reading whatever it is you filed. A court will never stop to say “Hey, you’re stepping on your own crank, go back and fix it” in any order.  If it decides to render an opinion, it’ll be too late.

With that being said,


4 thoughts on “Violating Twitter TOS (not really) because..

  1. Below is a much later in the process post discovery Roseboro but shows a Roseboro Order in the 4th circuit allowing a magistrate to be a lot of help to a pro-se. It shows a magistrate can inform, extend time and allow a replacement response in lieu of a poor pro-se pleading.

    The magistrate didn’t do this for Mr. Bill yesterday. That tells me she wants to dismiss this rather quick.

    I predict the magistrate will order a more definitive statement and dismiss the case after the defendant’s second motion to dismiss.

    Liked by 1 person

  2. FRCP 7(d)

    (d) Time To Respond. Unless otherwise prescribed by these rules, or by order of the court, a response to a motion must be served within 14 days after service of such motion, except that a response to a dispositive motion must be served within 30 days after service of such motion. The movant has 14 days after service of the response to a dispositive
    motion to serve a reply.

    Also see FRCP 6(a)(1) and FRCP 6(a)(4)(A)(B)
    I can think of several reasons the court would not give the defendants the standard amount of time to rely, all of them are not good news for the Plaintiff.

    The attorney for the defendants may have thought that the ” RESPONSE in Opposition re 45 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First MOTION to Dismiss for Lack of Jurisdiction First MOTION to Strike 32 Amended Complaint First MOTION for More Definite Statement ” needs no rely.

    Liked by 1 person

    • Notice that FRCP 7(d) says “Unless otherwise prescribed by these rules, or by order of the court, a response to a motion must be served within 14 days” . I have looked at the docket and can find no order of the court*, I think the clerk just made a typo. Under FRCP 7(d) defendants have until midnight on 08/24/2017 to answer.

      *see docket # 40 for an order of the court example.

      Liked by 2 people

      • If the plaintiff miserably argues his case you don’t help to clarify it with a response. Why would the defendant’s lawyer clarify or help the court understand the plaintiff’s motion. The defendant’s lawyer made the right call not responding and leaving a last motion filed bad taste in the court’s mouth.

        If I was a plaintiff and the defense didn’t feel the need to respond I would be kicking myself in fear.

        Liked by 2 people

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