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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CATALIN PAMFILE,

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Plaintiff,

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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

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this matter. Dkt. #8. The Complaint was posted on the docket on July 21, 2017. Dkt. #9.
Summons have not yet been issued.

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Plaintiff brings this action against the Secretary of Health and Human Services

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(“HHS”) using a standard form. Dkt. #9 at 1. Under “Jurisdiction,” Plaintiff states only

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“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

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over 1,700 pages. Id. at 2-3; see also Dkts. #2 – #6. Plaintiff’s attached documents are, from

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the Court’s perspective, organized in no logical fashion and constitute random letters and

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personal records of Plaintiff. From what the Court can discern, Plaintiff requests, inter alia,

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ORDER TO SHOW CAUSE - 1

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that the Secretary of Health and Human Services release Plaintiff’s passport so that Plaintiff

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can travel to Europe to eat food that does not contain “a lot of chemicals… hormones,

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pesticide….” See Dkt. #2-1 (filed under seal). Plaintiff argues that “[t]he USA health care is

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covering up poison food with chemicals; toxic houses with fibber [sic] glass insulation,

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formaldehyde, mould [sic], toxic threaded wood; environmental pollution.” Id. Plaintiff’s
rambling attachments repeat themselves and reference several nebulous government entities

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that are persecuting Plaintiff. See, e.g., id. At one point, Plaintiff states that his passport

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expired in January 2016 and that his application for renewal was denied, possibly because of an

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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.

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Plaintiff includes other seemingly unrelated claims in his filings, including accusations of

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prostitution and money laundering against his ex-wife. See Dkt. #5-1 (filed under seal). Under

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the section of his Complaint titled “Relief,” Plaintiff again cites to the attachments but also

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requests “release of my passport,” “give me my constitution [sic] rights to take care of my

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health in Europe.” Dkt. #9 at 4.

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The Court will dismiss a Complaint at any time if the action fails to state a claim, raises

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frivolous or malicious claims, or seeks monetary relief from a defendant who is immune from

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such relief. See 28 U.S.C. § 1915(e)(2)(B).

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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.

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The facts giving rise to Plaintiff’s claims must be stated in the Complaint rather than in

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attachments. Plaintiff’s attachments are extremely difficult to follow with unconnected facts

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and broad sweeping accusations of conspiracy against unrelated actors. It is unclear from the

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ORDER TO SHOW CAUSE - 2

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Complaint and attachments how the Court has subject matter jurisdiction or how the Court can

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grant the requested relief.

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connection to the denial of Plaintiff’s passport renewal request.

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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).

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Accordingly, Plaintiff’s Complaint may suffer from deficiencies that, if not adequately

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explained in response to this Order, will require dismissal. In Response to this Order, Plaintiff

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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

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laws or statutes causing harm to Plaintiff, and (3) why this case should not be dismissed as

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frivolous. This Response may not exceed six (6) pages. Plaintiff is not permitted to file

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additional pages as attachments. The Court will take no further action in this case until

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Plaintiff has submitted this Response.

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The Court hereby finds and ORDERS that Plaintiff shall file a Response to this Order to

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Show Cause containing the detail above no later than twenty-one (21) days from the date of

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this Order. Failure to file this Response will result in dismissal of this case. The Clerk shall

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send a copy of this Order to Plaintiff at 2404 PINE ST, EVERETT, WA 98201.

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DATED this 25 day of July, 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER TO SHOW CAUSE - 3