Team Kimberlin Post of the Day

RICOMadnessAs noted earlier, The Dread Pirate Kimberlin has been caught filing different versions of the same document in the Maryland state Kimberlin v. Walker, et al. nuisance lawsuit. Review of the status report on service of process to defendants that he was required to file in the Kimberlin v. The Universe, et al. RICO Madness turns up some interesting questions.

For instance, TDPK included a bunch of receipts for mailing certified mail to defendants in one exhibit. In another exhibit he includes copies of some of the returned envelopes and green cards for undelivered mail. This is one of the envelopes—McCainServiceThere is a Certified Mail green card attached. Rule 4(e)(1) of the Federal Rules of Civil Procedure allows service by mail “following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made …” I have redacted the address used, but the state rule for service by mail for the address in question requires restricted delivery to the addressee only. That box is not checked, so the alleged service would have been defective.

“Hold it!” I hear the Gentle Reader saying. “What do you mean alleged service?”

Look at the amount of postage—McCainServiceZoomThe surcharge for Certified Mail is $3.10 and the surcharge for Return Receipt is $2.55. The amount of postage is insufficient for there to be a green card for this piece of mail. I’m sure there is an explanation for the discrepancy. I wonder if TDPK will offer an explanation or whether he will invoke his Fifth Amendment privilege?

14 thoughts on “Team Kimberlin Post of the Day

  1. The $11.25 notice was labeled “LN,” which I presume means “left notice.” The $1.25 was labeled “ATT,” which I presume means “attempted.” I would assume the procedure for certified mail is to invariably leave three notices documenting each as it occurs.

    Nor, do I see “Certified Mail” printed above the article number.

    I would assume all such transactions are computerized. I’m sure the post office, if subpoenaed, could document what happened to article number 7013 0600 0000 5035 6802, if anything. I would assume that each of the three notices were numbered in turn.

  2. That’s two.

    Hey, why does he get a pass for trying to fool the court with altered documents? That should shut the whole thing down right now.

  3. Email return receipt is a 1.25 surcharge. Is that wavy mark in the corner a paid-postage mark?
    Is it possible the 1.25 is an added charge to the certified mailing?

  4. Electronic Return receipt was $1.25 at the time this was mailed. It replaces the green card one would normally receive as a receipt. Not sure if the courts would treat that as improper service had he fulfilled the rest of the requirements. I imagine it would vary with jurisdiction.

    According to the tracking, a delivery attempt was made, and that would likely not have happened had there been insufficient postage applied. The scan isn’t clear enough for me to tell exactly what I am looking at, but there are forever priority mail envelopes etc… I am not sure if they have something similar for certified letters.

    Also, I am not sure why there appears to be French translations of “To” and “From” (Sender and recipient vs. Expediteur and Destinataire) on the form.

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