As 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—There 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—The 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?