7/30/2019 MOTION IN OPPOSITION TO PLAINTIFFS REQUEST TO APPEAL WITHOUT PAYING COSTS

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IN THE CIRCUIT COURT FOR PRINCE WILLIAM COUNTYMANASSAS, VIRGINIA

AARON WALKER,

Plaintiff,

Vs No. CL 12-631

BRETT KIMBERLIN, et al,Defendants.

MOTION IN OPPOSITION TO PLAINTIFFS REQUEST TO APPEAL WITHOUT

PAYING COSTS

Now comes Defendant Brett Kimberlin and moves this Court to deny Plaintiff

Aaron Walkers Motion to Proceed on Appeal Without Payment of Costs.

1. On or about January 3, 2013, Plaintiff Walker filed a Notice of Appeal and aMotion to Proceed on Appeal Without Payment of Costs. This motion should

be denied for several reasons: first, the appeal is without merit and has no

chance of prevailing; second, Plaintiff has raised tens of thousands of dollars

from gullible Americans who were conned by Plaintiff and his attorney based

on a false narrative about this case; and third, Plaintiff is still raising funds on

his personal blog to litigate against Defendant.

2. This Court made clear in its December 4, 2012 Order dismissing this case thatPlaintiffs lawsuit is without merit, not properly based in fact or law, and

brought for an improper purpose. Therefore, Plaintiff should not be allowed

to appeal at the taxpayers expense.

3. Plaintiff and his attorney have admitted that they have raised tens ofthousands of dollars to litigate this case and a related federal case against

Defendant. See e.g., Exhibits A through D.

7/30/2019 MOTION IN OPPOSITION TO PLAINTIFFS REQUEST TO APPEAL WITHOUT PAYING COSTS

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4. Plaintiff to this day continues to call on his blog readers to donate money tolitigate against Defendant. See Exhibit E.

5. Virginia law requires a person appealing in forma pauperis to file an affidavitlisting his income, assets, bank accounts, and other financial information.

However, Plaintiff Walker has not provided a complete listing of the more

than ten thousand dollars he has received over the past nine months to litigate

this case.

6. Virginia law requires not only a $500 fee to file an appeal but it also requiresthe posting of a bond. That bond is set by the court, which can use the amount

alleged in the lawsuit to determine what percentage the bond should be.

Plaintiff alleged millions in damages and therefore any bond should be

substantial. Plaintiff should not be allowed to avoid that filing fee and the

posting of a bond.

Wherefore, for all the above reasons, this Court should deny Plaintiff Walkers

request to proceed on appeal without payment of costs.

Respectfully submitted,

Brett Kimberlin

Certificate of Service

I certify that I mailed a copy of this motion to Attorney Dan Backer this 6th day of

January 2013.