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 vexatious federal lawsuit by reposting some of the highlights of the past year’s coverage. TDPK’s lawsuit is almost a year old, and he still hasn’t managed to serve all the defendants.
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Team Kimberlin Post of the Day
Originally Posted on 4 February, 2014
The Gentle Reader may remember that The Dread Pro-Se Kimberlin has been having a hard time effecting service of process on the defendants in the Kimberlin v. The Universe, et al. RICO Madness. After TDPK filed his Amended Complaint, the Judge Grimm ordered the Clerk of the Court to prepare summonses for all the defendants. In the same order the judge also reminded TDPK of his obligation to promptly report service of process on each defendant when it was effected.Footnote 2 deals with how to serve a corporation. Here’s footnote 1.
Also, Federal Rule of Civil Procedure 4 specifies how various state/territorial laws affect the rules of service. Service sent to the defendants in California, Colorado, DC, Illinois, Virginia, and West Virginia requires restricted delivery.
TDPK filed his RICO Madness on 15 October. The 120th day following will be 12 Feburary.
So where are the Certified Mail green cards?
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Ah, yes! Certified Mail green cards. TDPK Kimberlin didn’t bother to pay for Restricted Delivery, and neither the green cards nor his Post Office payment receipts showed that service. He got caught and wound up having to admit his alteration of one of them in the RICO Madness. He also got nailed in the Kimberlin v. Walker, et al. state case.
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Don’t Even Use That With Me
Originally Posted on 9 April, 2014
That’s what Judge Joan Ryon sternly told the The Dread Pro-Se Kimberlin when he tried to use his pro se status to excuse his alteration of a document filed with the court in the Kimberlin v. Walker, et al. nuisance suit. The judge told TDPK that she wanted to fine him and took a recess to research whether or not she had the statutory authority to do so. She determined that she did not, so TDPK got off with a warning not to file any further forgeries with the court.
TDPK withdrew all of his motions for sanctions, so the net of the morning is status quo ante—except that Kimberlin is now skating on very thin ice.
My codefendant Stacy McCain will have a more detailed report at his blog.
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TDPK’s whining about being pro se hasn’t gone over well with any of the judge’s he has faced since he tried to excuse defrauding the courts with a forged summons and forged proof of service by pleading ignorance.