Castro v. Obama et al

Filing 2

ORDER to Show Cause by Magistrate Judge Elizabeth D. Laporte. Show Cause Response due by 6/23/2015. (shyS, COURT STAFF) (Filed on 6/11/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES CHRISTOPHER CASTLE,

Case No. 15-mc-80154-EDL

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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BARACK OBAMA, et al.,
Defendants.

United States District Court
Northern District of California

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On June 5, 2015, pro se plaintiff James Castle filed a document entitled “Petition to Seal

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Petition for Declaratory Relief, Enforcement of Trusts, Protection and Full Accounting.” See Dkt.

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#1. The Petition to Seal requests that the matter be treated as “’private’ and ‘sealed, ex parte, in

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Chambers, without the public, without publication of the press, excluding spectators and ‘enemies’

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of the Court.’” Id. Attached to the Petition to Seal is a “Bill in Equity Petition for Declaratory

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Relief, Enforcement of Trusts, Protection and Full Accounting.” Dkt. #1-2. In an abundance of
caution, the Clerk’s Office concealed the entire filing from public view on the Court’s electronic
case filing system. However, the Petition to Seal does not reference any law or other federal or
local rule that would allow any of the documents submitted to the Court to be filed under seal, and
Petitioner has not provided any justification for sealing them. Plaintiff is hereby Ordered to Show
Cause by no later than June 23, 2015 why the entire filing should not be made public.

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Further, the “Bill in Equity Petition for Declaratory Relief, Enforcement of Trusts,
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Protection and Full Accounting” states that Petitioner is a citizen of Iowa while Defendants reside
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in Washington D.C. and there are no factual allegations relating to this district, or even California
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generally. It therefore appears that this Court lacks personal jurisdiction, and that venue is
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improper in this district. Plaintiff is hereby Ordered to Show Cause by no later than June 23, 2015

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why the Petition should not be dismissed sua sponte for lack of jurisdiction and improper venue.

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Additionally, the Court cannot discern from the largely unintelligible “Bill in Equity

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Petition for Declaratory Relief, Enforcement of Trusts, Protection and Full Accounting” exactly

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what it is that Petitioner seeks, from whom, and what the legal basis is for any claim. Federal

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Rule of Civil Procedure 8(a) requires:

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United States District Court
Northern District of California

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A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court's jurisdiction, unless the court
already has jurisdiction and the claim needs no new jurisdictional support;
(2) a short and plain statement of the claim showing that the pleader is entitled to relief;
and
(3) a demand for the relief sought, which may include relief in the alternative or different
types of relief.
Petitioner’s pleading does not satisfy this standard, and Petitioner is hereby Ordered to Show
Cause by no later than June 23, 2015 why the Petition should not be dismissed for failure to

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comply with Rule 8.
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Finally, Petitioner requests that the Court “make process upon Defendants in person to
appear and answer by oath for their breaches of trust set forth in this Bill.” However, Petitioner is
responsible for properly serving Defendants the President of the United States and the Secretary of
the Treasury in compliance with all applicable rules governing service on members of the
Executive Branch.

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IT IS SO ORDERED.
Dated: June 11, 2015
______________________________________
ELIZABETH D. LAPORTE
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES CHRISTOPHER CASTLE,

Case No. 15-mc-80154-EDL

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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BARACK OBAMA, et al.,
Defendants.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

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That on June 11, 2015, I SERVED a true and correct copy(ies) of the attached order, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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James Christopher Castle
106 Iowa Avenue
Fairfield, IA 52556
Dated: June 11, 2015

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Stephen Ybarra, Deputy Clerk to the
Honorable ELIZABETH D. LAPORTE
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