Wallachian Usurper/Fashion Impresario
- Nov 12, 2018
A court can do a lot on its own motion. It just usually doesn't. It's treating the case like pro se prisoner litigant cases often get treated, although there's a specific authorizing statute (Prison Litigation Reform Act) for those kinds of dismissals.
Por supuesto but if you read the language of Rule 12, it deals with *when* the motion is properly filed (prior to a responsive pleading). All this implicates *defense* filing. You'll notice the court order lacks the language usually found in the first line, such as "this cause, coming to be heard on defense's motion for X, it is hereby ordered and adjudged..." It's not there, because it's actually improper for a court to act as if a proper motion was filed. The court can't advocate for either side. Of course it's not like shit-for-brains is ever going to pick up on that. Judges like to cut red tape too. They just have to be circumspect, because access to the courts is a jealously guarded right in this country. Then again, stupid is as stupid does. And fuck, it's better than getting into diversity jurisdiction and venue.
Did you watch the stream at all? I'm very smug that I predicted a lot of what the judge would say.
Stream? Go on...
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