United States District Court, W.D. Washington, Tacoma
ORDER ON MISCELLANEOUS MOTIONS
Richard Creatura, United States Magistrate Judge.
matter is before the Court on plaintiff's miscellaneous
motions filed in response to this Court's Order to Show
Cause or Amend Complaint (Dkt. 18). See Dkts. 19,
20, 21, 22, 24. Plaintiff also submitted two letters to this
Court inquiring about the status of his multiple motions.
See Dkts. 25, 26.
Motion to Change Address (Dkt. 24)
properly filed a notice of change of address on August 15,
2019. Dkt. 23. As such, plaintiff's Motion to Change
Address (Dkt. 24) is unnecessary. Plaintiff's notice also
states that he has been transferred to a different facility
only temporarily. Accordingly, when plaintiff is transferred
back to his facility, he should file a notice of change of
address, but a motion is unnecessary.
Civil Rule 10(f) provides guidance on filing a notice of
changed address, which must be “received by the
Clerk's Office within ten days of the change.”
Local Rules W.D. Wash. LCR 10(f).
plaintiff's Motion to Change Address (Dkt. 24) is DENIED
Motion to Add Defendant (Dkt. 20)
has previously filed a motion requesting to add the United
States as a defendant in this action. See Dkt. 17.
This Court denied that motion stating:
It is well-settled that “the United States may not be
sued without its consent and that the existence of consent is
a prerequisite for jurisdiction." United States v.
Mitchell, 463 U.S. 206, 212, 103 S.Ct. 2961, 77 L.Ed.2d
580 (1983) (citing United States v. Sherwood, 312
U.S. 584, 586, 61 S.Ct. 767, 85 L.Ed. 1058 (1941)).
"Absent a waiver, sovereign immunity shields the Federal
Government and its agencies from suit." F.D.I.C. v.
Meyer, 510 U.S. 471, 475, 114 S.Ct. 996, 127 L.Ed.2d 308
(1994) (citing Loeffler v. Frank, 486 U.S. 549, 554,
108 S.Ct. 1965, 100 L.Ed.2d 549 (1988)).
However, the Supreme Court has determined that federal
officials can be sued for monetary damages for certain
constitutional violations, including Eighth Amendment
violations. Bivens v. Six Unknown Named Agents, 403
U.S. 388 (1971); see also Rodriguez v. Swartz, 899
F.3d 719 (9th Cir, 2018); Carlson v. Green, 42 U.S.
2880 (1979). The Ninth Circuit has held that
"‘actions under § 1983 and those under
Bivens are identical save for the replacement of a
state actor under § 1983 by a federal actor under
Bivens.'" Martin v. Sias, 88 F.3d
774, 775 (9th Cir. 1996) (quoting Van Strum v. Lawn,
940 F.2d 406, 409 (9th Cir. 1991)). To state a claim under
Bivens, a plaintiff must allege facts against a
named person showing that: (1) a right secured by the
Constitution or laws of the United States was violated, and
(2) the alleged deprivation was committed by a federal actor.
Van Strum 940 F.2d at 409.
Dkt. 18 at 5-6.
now appears to renew his motion to add the United States as a
defendant stating that “[o]ne specific person or state
official is not liable for ruining my life. United States is
one. Add to the defendants in this suit.” Dkt. 20. He
also states that the “United States should waive its
sovereign immunity and become an appropriate
defendant.” Dkt. 20. This Court does not have authority
to waive sovereign immunity on behalf of the United States.
See United States v. Mitchell, 463 U.S. 206, 212
(1983) (“It is axiomatic that the United States may not
be sued without its consent and that the existence of consent
is a prerequisite for jurisdiction”). Accordingly,
plaintiff's Motion to Add Defendant (Dkt. 20) is DENIED.
Motions for Reconsideration, for Release and Settlement, and
to Make Channel (Dkts. 19, 21, 22.)
submitted a Motion for Reconsideration (Dkt. 19) in response
to this Court's Order to Show Cause or Amend Complaint
(Dkt. 18). Therein, plaintiff states that he “[chooses]
to show cause to help judge liberally construe.” Dkt.
19 at 1. The Court interprets this as plaintiff stating that,
when liberally construed, his initial complaint is sufficient
to state a claim for which relief may be granted. Plaintiff
also makes mention of the Eighth Amendment, the Fifth
Amendment, due process, and the Emergency Medical Treatment