United States District Court, D. Oregon
A. RUSSO UNITED STATES MAGISTRATE JUDGE
plaintiff, Christopher Beck, initiated this action on
September 6, 2018 alleging privacy concerns and retention of
his blood alleging it can be "synthesized then doctored
to make a child." Complaint (doc. 2) at p.4.
Plaintiff also alleged he attempted to get his “records
released to no avail, ” but that those same records
were actually and improperly “released to governmental
entities.” Id. On September 17, 2018, the
court granted plaintiff's application to proceed in
forma pauperis (IFP). On September 26, 2018, the court
dismissed the complaint with leave to amend to cure various
deficiencies. Order (doc. 7).
September 28, 2018, plaintiff filed an amended complaint
(doc. 9). On October 10, 2018, plaintiff filed a
second amended complaint (doc. 11) which is now the
January 24, 2019, defendant Quest Diagnostics Corporation
moved to dismiss plaintiff's action and on February 1,
2019, defendant Laboratory Corporation of America joined in
the motion. The Court granted the motion and on May 15, 2019,
dismissed defendants Quest Diagnostics Corporation and
Laboratory Corporation of America (doc. 53).
Accordingly, the only remaining defendants are the United
States Food and Drug Administration, the United States Patent
and Trademark Office, and the United States Department of
Health and Human Services. The federal defendants have not
yet appeared in this action.
17, 2019, and June 25, 2019, the Court ordered plaintiff to
show cause why this action should not be dismissed for
failure to prosecute and failure to follow a court order
(docs. 54, 56).
has since filed motions for summary judgment and for default
judgment (docs. 57, 59), and a response to
the order to show cause (doc. 60).
previously noted, the amended complaint is difficult to
decipher. With respect to defendant United States Patent and
Trademark Office, there is a reference to “violation of
Title 5 and 17 of the United States codes and
regulation.” Amended complaint (doc. 11) at p.
5. Plaintiff also alleges the use of his “genetic
information without consent” leading to
“discovery of new medicine that can and will be used
toward cures of immunological disorders that are commonly
known as incurable.” Id.
asserts defendants Laboratory Corporation and Quest
Diagnostics received his blood for testing, but “did
not follow procedures of disposal [and] instead sold my blood
and coinciding DNA to other governmental agencies such as the
FDA & USPTO.” Id. at p. 6. Plaintiff
alleges, “via certification of patent products;
stakeholders of my genealogy sold my property without consent
or agreement and binding contract at which is against the law
that is subject to conviction of capital offenses.”
against defendant United States Department of Health and
Human Services, plaintiff asserts:
personal/confidential and identifying information given
through Freedom of Information act requests of high volume
due to being the known case project-subject, actual damages
in liquid money was taken through abundant fraudulent
transaction, I was an example of humiliation at Portland
Community College, I was stalked by under-cover vehicles with
government license plates, and saw people on many occasions
enter my vehicle and place moss-like material and/or liquid
substances inside my car that was contributing evidence to
the chronic infestations of lice, scabies, or pediculosis I
never got rid of with regard to countless treatments of
prescription medicine that I paid for costing thousands of
dollars. With research, I found information regarding the
transmissions of answers for things I could not explain but
still suffer from.
Id. at p. 8.
the current state of the record and arguably frivolous
allegations, summary judgment is not
appropriate. However, the court need not evaluate the
merits of plaintiff's motion for summary judgment because
plaintiff has failed to properly serve the remaining
defendants, negating their ability to answer the complaint.
also moves for default against the remaining federal
defendants asserting lack of responsive pleading. In his
response to the order to show cause, plaintiff relies on his
motion for default judgment asserting the government agencies
have yet to respond despite confirmation of service by the
United States Marshal.
process forms provided by plaintiff to the United States
Marshal for service indicate plaintiff served: the United
States Department of Health and Human Service at “HHS;
200 Independence Avenue, S.W., Washington D.C., 20201"
(doc. 42); the United States Food and Drug Administration at
¶ 032 Hub/Mail rm #5129 1093 New Hampshire Ave.,
Silverspring, MD 20993" (docs. 45, 47); and the United
States Patent and Trademark Office at “Madison Building
... 600 Dulaney ...