While I wait for The Dread Pro-Se Kimberlin to file his omnibus response to the defendants’ motions to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness, I thought if might be interesting to review the story of his vexations federal lawsuit by reposting some of the highlights of the past year’s coverage. Here’s another early from Hogewash! concerning that lawsuit.
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Team Kimberlin Post of the Day
Originally Posted on 23 October, 2013
Last Wednesday, Brett Kimberlin handed me a copy of the original complaint he filed in his Kimberlin v. The Universe, et al. RICO lawsuit. According to Rule 4 of the Federal Rules of Civil Procedure, that was not legal service of the complaint or the “summons” which came with it.
(2) By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint.
Also, the “summons” that accompanied the complaint was defective on its face.
The first sheet is the notice of the suit. It does not have the case number on it. Neither does the summons. Also, Kimberlin had given me zero days out of a minimum of thirty to reply to the waiver for service, and it’s dated the day before he handed it to me.
The summons itself is not signed by the Clerk of the Court, so it’s not valid.
What this boils down to is that I haven’t been served with the suit because the wrong person handed me unfinished paperwork.
Durum hoc est sed ita lex scripta est.
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The Gentle Reader can see from this post that TDPK began diddling with service of court papers from Day One of the lawsuit. This as continued. Indeed, the Certificate of Service on the last court filing he bothered to send me is not the same as what he filed with the court.