Letters back from the Clerk of the Court say I have to serve Warden Keith Yordy directly for the judge to acknowledge my claim of The Missing TV. But Idaho Code requires me to serve Yordy through the Attorney General if I want the same judge to rule on my case responsibly. That Yordy’s now retired and the Clerk’s letters show signs of a paranoid schizophrenic can only mean one thing… I’ve been chosen for a mission to correspond accordingly:
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5-4-20
Dear Clerk of the Court:
I received a receipt for papers I submitted to be served via certified mail, dated 4-10-20, #37937-2020-ROI. I was never informed of their delivery. This is for CV-20-04423. I’m looking to see if they were in fact served and if the time to respond has passed.
Thanks,
Patrick Irving 82431
IMSI
PO Box 51
Boise, ID 83707
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Patrick , CV01-20-4423
The certified mail slip came back as Ray Martinez signed it. The Judge Does Not consider this Proper service due to Keith yordy is suppose to sign for it. you need to get Keith served a Different way. You can try certified mail again or Hire someone or Have someone over the age of 18 do it for you. The Case will stay open for a couple more months before sending out a Notice of Dismissal.
Thank you
Amanda
Civil Clerk
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5-8-20
Dear Clerk of the Court:
I recently sent a request to provide service for CV-20-4423, which lists Keith Yordy as Defendant. I noted in my request that the service need [sic] to be directed to the deputy attorneys general assigned to the [Idaho Department of Correction] per Idaho Code 06.01.01.106. That request appears to have been ignored, and service was given at my prison facility’s address instead.
What do I need to do to ensure the Clerk can assist me with service? Do you have the necessary copies to try again and will the second attempt also come at my expense?
Please inform me how to proceed.
Regards,
Patrick Irving 82431
IMSI
PO Box 51
Boise, ID 83707
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Patrick , Re: CV01-20-4423
We only Do service on the Defendant and the address you Provided us. On your Claim you have Keith yordy as the Defendant and his address as 1300 S. Pleasant Valley Rd. Kuna ID. 83634. It looks like this is his work address. We did attempt this but a Ray Martinez signed for it and the Judge Does Not Accept this as Proper Service. If you would like to use a Different address Than you can fill out the form I provided you. It is Information for the service. you still need to use the Defendants name unless you want to Amend your claim and add a Different or another Defendant. yes you Have to pay another $7.00 for Certified Mail.
Thank-you Amanda
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5-18-20
Dear Clerk of the Court:
Thank you for responding to my inquiry regarding service for my claim CV-20-4423. I’m afraid I don’t understand how a judge can refuse to accept the claim being served in the manner that Idaho Administrative Code IDAPA 06.01.01 #106 requires me to serve it:
“The Board authorizes and directs that all service of summons, complaints, and subpoenas against or upon the Board, the Department, or any employee of the Department for or related to a cause of action arising out of or related to the scope and course of the actions, duties, or employment of the Board, the Department, or any employee of the Department shall be made upon the deputy attorneys general assigned to the Department in the manner and form required by state and federal rules of procedure. (10-05-07)”
Is it possible that you could explain this conflict for me?
Also, I’ve been trying to serve notices to the Department for about eight months now, and between them not delivering my mail and little mix-ups like these, the Defendant has actually had time to retire from his position. Do you suppose that will make a difference when I can’t confront the Department but through the employee responsible for my claim?
Thank you,
Patrick Irving 82431
IMSI
PO Box 51
Boise, ID 83707
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5-22-2020
No case number provided. Please provide Ada County Case Number
Tim L.
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5-28-20
Dear Clerk of the Court:
Isn’t CV-20-4423 a case number? It’s in the first sentence of my last letter, which I’m including. I’ve also included a letter from you where it’s written like this: CV01-20-4423. Does that help?
Please refer to my 5-18-20 letter, included, for the nature of my concern.
Thank you,
Patrick Irving 82431
IMSI
PO Box 51
Boise, ID 83707
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CV01-20-4423 6/3/20
Patrick ,
Sorry your letter Dated the 18th Did Have your case number on it. Unfortunately as far as service goes on Small Claims, the Person your suing has to be served and for Certified Mail Has to be the one to sign for it. If you have a different address you want it mailed to, we can try that. you can also try having someone you know over the age of 18 do service for you.
Thank-you
Amanda
civil clerk
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Office of the Attorney General
ATTN: Mark Kubinski, Emily MacMaster, Karin Magneli, Oscar Klaas
700 W. Jefferson Street, Ste 210
PO Box 83720
Boise, ID 83720-0010
6-8-20
Dear IDOC Legal Staff:
I’ve encountered a multitude of problems in attempting to serve the Department with a small claim that occurred in April ’19. (Here, I would refer you to your copy of the Notice of Tort and its supporting materials, had the Department seen it delivered to both you and the Secretary of State the two times they were placed in Legal Mail. For reasons you’ll understand, I’ve decided to hold on to those notices and their postmarked envelopes — with your respective addresses on them — without breaking their original seal. That said, you should still have the copy I served the Department’s main office after I was given wrong instructions by facility staff.) But my problem today is that the Clerk of the Court insists that I serve the Defendant directly, despite IDAPA 06.01.01 #106 stating service “shall be made upon the deputy attorneys general assigned to the Department.”
The Defendant of case CV01-20-4423 is the now-retired Warden Keith Yordy, and my facility’s paralegal actually did attempt to serve him directly. However the Department commandeered the claim and then held onto it until Yordy retired. Then they sent it back to me with the directive to send it to you. And, again: the Clerk of the Court insists I should not.
I’ve taken the liberty of documenting this long and frustrating process and presenting it publicly as the “Excessive Use of Tort” series at bookofirving82431.com, where you’ll also find further illustrations of an inmate’s inability to access the courts while under the care of IDOC in “Exhausted Grievances in Summary (for legal and investigative purpose)“.
I provide this information as a courtesy and ask that you reciprocate with input on why it may be I’m having such trouble serving my claim.
Thank you,
Patrick Irving 82431
IMSI
PO Box 51
Boise, ID 83707
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IDAHO DEPARTMENT OF CORRECTION
INMATE CONCERN FORM
6-8-20
To: Chief Page
From: Irving 82431
The Clerk of the Court insists I serve Keith Yordy directly if I want to have my claim recognized by a judge. In attempting to do so previously, the Department held onto my claim long enough for Yordy to retire, and then sent it back weeks later unserved — after I was assured by facility staff they’d get the job done. I have informed the Clerk of the Court of IDAPA 06.01.01.106 requiring me to serve the Department through the attorneys general — they say not for small claims [semicolon] I have to serve Yordy directly. Seeing as how my attempt to do so while he worked at my facility was obstructed, I now have to ask you for his home address per recommendation of the Clerk of the Court. Ridiculous, I know. But true.
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6-8-20
Clerk of the Court:
I have received your letter dated 6/3/20, and understand that despite Idaho Code IDAPA 06.01.01 #106, you’re requiring me to serve claim CV01-20-4423’s Defendant Keith Yordy personally, and not through the attorneys general.
Please note that in order to do so, I may be soliciting assistance from nefarious associates who, quite likely, are already on various government watch lists. And using monitored communications to request research on state Defendants may be flagged as a threat by my captors. So should I be savagely beaten by the hands of prison staff, know it’s only because researching their peers is a threat their corrective fists yearn to contain.
How about just asking the Department nicely for their employee’s address, you say. I am, but considering how they’ve already obstructed this claim for over a year, those filthy pagans are unlikely to just hand it over. Which means we’ll have to file a civil suit for their foreseeable obstruction. That will require two months for the grievance process, and a few more for notice of tort, before I alone can begin our new claim.
I may need enough of an extension to recoup from their punishments, whether long or short route. Will that be okay?
Regards,
Patrick Irving 82431
IMSI
PO Box 51
Boise, ID 83707
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