Jose “Chille” DeCastro made another surprise filing this week as he is apparently having difficulty with his on-going attempts to serve the defendants in his attempt to punish all of those parties connected with his 2024 incarceration in Clark County, Nevada.
DeCastro’s new filing asks for the ability to serve defendants Judge Ann E. Zimmerman, Judge Michelle Leavitt and Deputy District Attorney Agnes Botelho via certified mail. If certified mail is refused or returned, he is then seeking the ability to notify them via publication in a local newsletter or posting the service notice at the Regional Justice Center.
The diminutive YouTuber claims that he has attempted service three times on each of the individuals but his process server has been hampered “because courthouse staff refused access, refused to contact the defendants, and refused to accept service.”
He is seeking his motion be granted on an expedited basis as he has less than a month remaining in his second 60-day court-granted extension of service after having no long serving the defendants since filing the lawsuit earlier this year.
DeCastro’s efforts have been hampered by his continued inability to access the nation-wide electronic filing system. He had previously stated that he had somehow locked himself out of the system in another case and has made the problem known with each new filing in multiple on-going lawsuits.
Without access, DeCastro is reliant on the United States postal service for both posting and receiving updates on his on-gong lawsuits. While there has been at least one court order demanding access to be restored to the YouTuber, it is unclear why he remains locked out of the system.
DeCastro’s lack of access came up when he was discussing another lawsuit on one of this two Friday livestreams. DeCastro said that he did not have access to electronic filing as he discussed his latest attempt to sue Ironton, Ohio, over his 2022 arrest.
The YouTuber said that he had recently filed a motion to call for a hearing to determine the standing of his on-going second attempt at the lawsuit. DeCastro had originally sued the defendants in 2022, with that lawsuit dragging out until 2023.
Before it was dismissed, DeCastro refiled the majority of the lawsuit in Nevada, claiming that the notation of a “violent tendencies” flag placed upon the notation of a warrant from Ohio appearing in Nevada’s Highway Patrol database gave him standing in Nevada.
Eventually, the court found that DeCastro’s Nevada jurisdictional claims were flimsy at best and the suit was transferred to Ohio, where it has sat without new activity since the granting of DeCastro’s request for Electronic Filing access in September.
At the time of the transfer, the court gave DeCastro the ability to file a late response to the Ironton Defendants’ motion to dismiss but denied him the ability to respond to the Lawrence County Defendants’ motion to dismiss.
The court also denied DeCastro the ability to file a sur-reply to the Ironton Defendants’ reply in support of their motion to dismiss.
As it stands, following the transfer, it appears that DeCastro’s late reply to the Ironton Defendants’ motion to dismiss was the last thing the court was waiting on as the suit was moved from Nevada.
DeCastro himself pledged on Friday that he would be recording widescreen daily recordings for his Constitution HQ board game. He further pledged that he would only be spending a single day with family for the Christmas holiday as it would otherwise interrupt his renewed plans to teach the masses.
JF courthouse staff refused access, refused to contact the defendants, and refused to accept service.
LOL
This is simply because he is suing people in their personal capacity and not their professional side.
The court would accept any service for people on their behalf if only he was suing a judge, But he is suing a person, so he has to do the work all by himself. Now he wants help. Oh boo hoo.
Everyone involved knows this lolsuit is nothing but harassment and no one in the court house is going to help him. He was to sue a private person, then he has to do all the work himself.
Just a peak into the future, His service by public address might even work, So that he gets before a judge who then dismisses it for being silly. The judges were working as judges and not as private citizens so any lolsuit has to go after their protected selves. Not the unprotected private self.
Yet another loss for the loser. You don’t get much better than this.
Oh and Ironton is DOA. It was dismissed already, all chilli would do would be to get the defense to write a motion saying, this new lolsuit is same as the old one that was dismissed. GIGO, garbage in, garbage out.