Pamfile v. USA Secretary of Health and Human Services

Filing 10

ORDER TO SHOW CAUSE. Plaintiff shall file a Response to this Order to Show Cause no later than twenty-one (21) days from the date of this Order. Failure to file this Response will result in dismissal of this case. Signed by Judge Ricardo S Martinez. (SWT) (cc: Plaintiff via USPS)

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  1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 CATALIN PAMFILE, 11 Plaintiff, 12 13 14 15 16 Case No. C17-1059RSM ORDER TO SHOW CAUSE v. U.S.A. SECRETARY OF HEALTH AND HUMAN SERVICES (HHS), Defendant. Pro Se Plaintiff Catalin Pamfile has been granted leave to proceed in forma pauperis in 17 18 19 this matter. Dkt. #8. The Complaint was posted on the docket on July 21, 2017. Dkt. #9. Summons have not yet been issued. 20 Plaintiff brings this action against the Secretary of Health and Human Services 21 (“HHS”) using a standard form. Dkt. #9 at 1. Under “Jurisdiction,” Plaintiff states only 22 23 24 “because is about U.S.A. Secretary of Health and Human Services (HHS).” Id. at 2. Plaintiff provides no facts in the Complaint, instead referring the Court to attached documents totaling 25 over 1,700 pages. Id. at 2-3; see also Dkts. #2 – #6. Plaintiff’s attached documents are, from 26 the Court’s perspective, organized in no logical fashion and constitute random letters and 27 personal records of Plaintiff. From what the Court can discern, Plaintiff requests, inter alia, 28 ORDER TO SHOW CAUSE - 1   1 that the Secretary of Health and Human Services release Plaintiff’s passport so that Plaintiff 2 can travel to Europe to eat food that does not contain “a lot of chemicals… hormones, 3 pesticide….” See Dkt. #2-1 (filed under seal). Plaintiff argues that “[t]he USA health care is 4 covering up poison food with chemicals; toxic houses with fibber [sic] glass insulation, 5 6 7 formaldehyde, mould [sic], toxic threaded wood; environmental pollution.” Id. Plaintiff’s rambling attachments repeat themselves and reference several nebulous government entities 8 that are persecuting Plaintiff. See, e.g., id. At one point, Plaintiff states that his passport 9 expired in January 2016 and that his application for renewal was denied, possibly because of an 10 11 12 issue with “back child support in Texas court.” Dkt. #4-11 at 1. Plaintiff accuses the Texas Family Court and Texas Attorney General of abuse of power and obstruction of justice. Id. 13 Plaintiff includes other seemingly unrelated claims in his filings, including accusations of 14 prostitution and money laundering against his ex-wife. See Dkt. #5-1 (filed under seal). Under 15 the section of his Complaint titled “Relief,” Plaintiff again cites to the attachments but also 16 requests “release of my passport,” “give me my constitution [sic] rights to take care of my 17 18 health in Europe.” Dkt. #9 at 4. 19 The Court will dismiss a Complaint at any time if the action fails to state a claim, raises 20 frivolous or malicious claims, or seeks monetary relief from a defendant who is immune from 21 such relief. See 28 U.S.C. § 1915(e)(2)(B). 22 23 24 The Complaint does not clearly identify what laws or statues Plaintiff believes give rise to a claim against Defendant HHS, and Plaintiff does not support his claims with specific facts. 25 The facts giving rise to Plaintiff’s claims must be stated in the Complaint rather than in 26 attachments. Plaintiff’s attachments are extremely difficult to follow with unconnected facts 27 and broad sweeping accusations of conspiracy against unrelated actors. It is unclear from the 28 ORDER TO SHOW CAUSE - 2   1 Complaint and attachments how the Court has subject matter jurisdiction or how the Court can 2 grant the requested relief. 3 connection to the denial of Plaintiff’s passport renewal request. 4 5 6 7 It appears to the Court that Defendant HHS has no logical Considering all of the above, Plaintiff’s Complaint fails to state a claim and appears frivolous and malicious. Accordingly, dismissal may be warranted. See 28 U.S.C. § 1915(e)(2)(B). 8 Accordingly, Plaintiff’s Complaint may suffer from deficiencies that, if not adequately 9 explained in response to this Order, will require dismissal. In Response to this Order, Plaintiff 10 11 12 must write a short and plain statement telling the Court (1) the laws or statutes upon which his claims are based, (2) how Defendant Secretary of Health and Human Services violated those 13 laws or statutes causing harm to Plaintiff, and (3) why this case should not be dismissed as 14 frivolous. This Response may not exceed six (6) pages. Plaintiff is not permitted to file 15 additional pages as attachments. The Court will take no further action in this case until 16 Plaintiff has submitted this Response. 17 18 The Court hereby finds and ORDERS that Plaintiff shall file a Response to this Order to 19 Show Cause containing the detail above no later than twenty-one (21) days from the date of 20 this Order. Failure to file this Response will result in dismissal of this case. The Clerk shall 21 send a copy of this Order to Plaintiff at 2404 PINE ST, EVERETT, WA 98201. 22 23 24 DATED this 25 day of July, 2017. 25 A 26 27 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 28 ORDER TO SHOW CAUSE - 3

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