Tuesday, October 28, 2014

Letter receive from the Pro SE Office of New York


I received this letter from the "Staff Attorney" in the "Office of Pro Se Litigation" in response to the Motion I wrote (which they entered as a letter) for correcting the unusable summons they sent me . As you can see he/she is saying that the summons were valid and not in violation of FRCP Rule 4.
First, although it is easy to see, I already showed here what parts of FRCP Rule 4 summons requirements those summons failed to satisfy (with or without the wet signature thing I mentioned ).
The "Staff Attorney" tells me to serve the unsealed summonses and return the proof of service with the one sealed summons they sent me. Assuming I wanted to follow that, how would it work given that the case has more than one defendant? Also, assuming that I want to serve those summonses despite their lack of important requirement like a court seal, it is still wouldn't make any sense to serve summons not directed to the defendant even if the rules did not state that as a violation.
Finally, if the summons were sufficient despite what I mentioned in my motion why didn't the judge deny my motion and state that as the reason ?
Again, remember ,as I pointed here , that according to their instructions it was they who prepared all parts of the summons and it wasn't I who missed making those summons directed to the defendants.

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