Case 2:21-cv-01276-RAJ-DWC Document 49 Filed 03/16/22 Page 1 of 5

District Judge Richard A. Jones

1
Magistrate Judge David W. Christel
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7
UNITED STATES DISTRICT COURT FOR THE
8 WESTERN DISTRICT OF WASHINGTON (WAWD)
AT SEATTLE
9

10
CAROLYN SIOUX GREEN, CASE NO. 2:21-cv-01276–RAJ–DWC
11 Plaintiff,
12 PLAINTIFF’S MOTION TO REOPEN
v. CASE No. 3:20-cv-06112–BHS,
13 AND MOTION TO CONSOLIDATE
UNITED STATES OF AMERICA,
14 UNITED STATES COAST GUARD,
UNITED STATES DEPARTMENT JURY DEMAND
15 OF VETERANS AFFAIRS, et al., EQUITABLE TOLLING (Fairness)
16
Defendants. Noting Date: April 1, 2022.
17 ____________________________________

18

19
The Plaintiff moves this Court to Reopen WAWD Case No. 3:20-cv-06112-BHS (“06112”),
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and Motion to Consolidate with the above case reference (“01276”) to provide for a fair review of
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the cases to serve the ends of justice.
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In November 2020 Pierce County Prosecutors Office removed Pierce County Superior Court
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24 (PCSC) Case No. 20-2-07852-8 becoming WAWD Case No. 3:20-cv-06112–BHS, seen as “case

25 splitting” to PCSC 20-2-07851-0 / COA 55790-8-II. In Dkt 119 ORDER p. 2 at 11-15 “Green asserts
26 that she did not intend to split her claims (as she has a pending case in the state court based on the
27

28 PLAINTIFFS MOTION TO REOPEN 3:20-CV-06112–BHS,

AND MOTION TO CONSOLIDATE 2:21-CV-01276-RAJ-DWC
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same factual allegations) and admits that the Court lacks subject matter jurisdiction over her claims
1

2 against the United States. Dkt 118 at 2. She requests that the Court dismiss her action without

3 prejudice to avoid piecemeal litigation and wasting judicial resources.” Plaintiff voluntarily

4 withdrew her complaint on September 9, 2021. Hon. Judge Settle ruled on the matter September 13,
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2021 dismissing her case without prejudice. (See Dkt 118; Dkt 119; Dkt 120).
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This started in Thurston County Superior Court (TCSC) with an erroneous Ex Parte petition
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for a one-minute Ex Parte hearing without due process and no right to refuse and which resulted in
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violent bodily harm, criminal mistreatment, deprivation of Constitutional rights. Then Pierce County
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10 Superior Court continued the harm when it decided on a transfer four-days after her initial release

11 with further harm and Constitutional deprivations from Dept of Veterans1, 2.

12

13
MOST RECENT HISTORY: On March 3, 2022, Plaintiff moved the Court of Appeals Division II
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(COA) Case No. 55790-8-II to Supplement the Record with 06112 pursuant to RAP 9.10. In addition
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she moved the COA to Consolidate 06112 the “case splitting” case pursuant to RAP 3.3, RULE 42.
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17 She is aware that the Supreme Court has jurisdiction over the matter. Therefore, pursuant to RAP 4.4

18 she is filing a Motion to Transfer to Supreme Court after the record is perfected March 17, 2022.

19 BACKGROUND:
20 The State of Washington, United States-Dept of Veterans, and other Defendants were stated
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in 3:20-cv-06112-BHS. (See Dkt 45).
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1. With the State, she reversed her tort filing that was overcome by the amended
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complaint of June 11, 2021. Id. Still not understanding the process, plaintiff continued in the case
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25 without having the cognitive ability in how to proceed to correct the matters due to her mental

26 impairment. (with the state it was case splitting, and the court lacked jurisdiction with United

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28 PLAINTIFFS MOTION TO REOPEN 3:20-CV-06112–BHS,

AND MOTION TO CONSOLIDATE 2:21-CV-01276-RAJ-DWC
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States. Other Defendants were named). Therefore, she voluntarily withdrew 06112.
1

2 2. With the Dept of Veterans, she reversed her tort filing. Refiled to correct the

3 technicality of filing civil prior to tort. Now Case No. 2:21-cv-01276-RAJ-DWC, stated on page 2.

4 3. In 01276, she kept Defendants United States, U.S. Coast Guard and U.S. Dept of
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Veterans, thus removing the State and other named Defendants. (Plaintiff identified both the United
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States, and specific actors to keep accuracies through the record.), with Constitutional deprivations.
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(See 01276 Dkt 30; Dkt 36-1; Dkt 36-2).
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4. With the State; COA 55790-8-II / PCSC 20-2-07851-0, with 20-2-07852-8 becoming
9

10 WAWD 3:20-cv-06112-BHS. Therefore, plaintiff did not include the State in 01276. In the COA

11 55790-8-II she timely moved the Court of Appeals to Supplement the Record with case splitting case
12 06112, and to consolidate. Reopening would provide for a fair review of the cases to serve the ends
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of justice. On June 11, 2021 she amended her complaint in 06112 see Dkt 45. Meanwhile, she had
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the active case COA No. 55790-8-II / PCSC 20-2-07851-0 while still not understanding the process.
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5. This brings us to the Motion to Joinder Defendants DOE-Providence St. Peter
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17 Hospital (“Providence”). Providence who through the Thurston County Superior Court (TCSC)

18 initiated the medical kidnapping and denied a competent individual the right to refuse antipsychotic

19 and other psychotropic drugs. See Riese v. St. Mary Hospital (1989) in Dkt 36-1 pp. 43 at 13-22
20 through pp. 54 to line 11. (See Exhibits 111-121; DECL. B).
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On August 14, 2019, she filed for Restoration Rights-firearm Case No. 19-2-04117-34 in
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TCSC (Exh 89). Evidence from DOE-Providence who altered the four-point-mechanical restraints
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records. By substantial evidence standards, Providence intentionally concealed the excessive abuse
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25 of chemical restraints in their “recopied” drug records, and with violent bodily harm. Medical

26 malpractice, and legal malpractice are evidenced in the records. (See Joinder Motion).

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28 PLAINTIFFS MOTION TO REOPEN 3:20-CV-06112–BHS,

AND MOTION TO CONSOLIDATE 2:21-CV-01276-RAJ-DWC
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With good cause showing, Plaintiff respectfully moves this Court to Reopen 3:20-cv-06112-
1

2 BHS case splitting case to provide for a fair review of the cases to serve the ends of justice. The

3 plaintiff is not an attorney and is suffering from mental impairment caused by Defendants. Her

4 mental impairment brain health into 2022 is of that as a “stroke” patient. “The energetic pattern
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represented is one seen in stroke where there is a component of vascular and brain involvement.”
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Drugs, “must have been a huge assault to the system to still be resonating strongly after 4 years,” of
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self-discontinuance of Morphine. And with 2-decades+ of excessive poly-drugging brain
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abnormality as of November 7, 2021. (Dkt 36, p. 23-26).
9

10 Stroke: Cognitive impairment and memory dysfunction are common symptoms that
significantly affect the survivors’ quality of life. Stroke is considered a major cause of long-
11 term physical disabilities in adults; it is the second most common cause of cognitive
12 impairment and dementia.3,4

13 In WAWD 06112:
14 CAROLYN SIOUX GREEN v. STATE OF WASHINGTON, ATTORNEY GENERAL BOB
FERGUSON, MARK L. GELMAN, KAREN C. CALHOUN, GLENN S. MORRISON, JOHN M.
15 HAROIAN, ALBA DEMARCO, MARY OPGENORTH, STANFORD E. OPDYKE, PIERCE
COUNTY, DEPARTMENT OF VETERANS AFFAIRS, NANDAN P. KUMAR, KENRIC W.
16 HAMMOND, ROBERT J. WILLIAMS, J. BARNES, KIMBERLY VANGODA, APRIL A.
GERLOCK, TONG LI, GERALD LITTLE, DIRECTOR MICHAEL TADYCH, DIRECTOR
17 CHRISOPHER HOEY, Doe’s 1–100, et al. (see DECL. B).
18
In WAWD 01276:
19 CAROLYN SIOUX GREEN v. UNITED STATES OF AMERICA, UNITED STATES COAST
GUARD, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, [DOE’S 1–155], ET AL.
20
RULE 10; Form of Pleadings (c) Adoption by Reference; Exhibits. A statement in a
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pleading may be adopted by reference elsewhere in the same pleading or in any other
22 pleading or motion. A copy of a written instrument that is an exhibit to a pleading is a part of
the pleading for all purposes. The Court should consider all the filings and exhibits Plaintiff
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submitted in these related cases. See United States v. Ritchie, 342 F.3d 903, 907 (9th Cir.
24 2003). (See Dkt 42 p. 1 at 24-27).
RULE 42 (a) Consolidation. If actions before the court involve a common question of
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law or fact, the court may: (1) join for hearing or trial any or all matters at issue in the
26 actions; (2) consolidate the actions; or (3) issue any other orders to avoid unnecessary cost or
delay.
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28 PLAINTIFFS MOTION TO REOPEN 3:20-CV-06112–BHS,

AND MOTION TO CONSOLIDATE 2:21-CV-01276-RAJ-DWC
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Deprivation of Constitutional rights by Defendants United States, State of Washington, and many
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2 DOE Defendants were served summons with affidavits of Certificate of Service by a licensed

3 process server, Melvin Cahoon of Rock Solid Legal Support (DECL. B: 9). Plaintiff paid all fees for

4 perfected service in 06112, with other fees. See plaintiff’s filing for indigency. (DECL. C: 11-14).
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See all dockets listed below in 06112:
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Dkt 54 State of Washington Attorney General Bob Ferguson; Dkt 55 U.S. Attorney for the United
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States; Dkt 81 Mary Opgenorth; Dkt 91 Karen Calhoun refused and avoided service; Dkt 93 Karen
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Calhoun; Dkt 94 Christopher Hoey; Dkt 95 Michael Tadych; See Dkt 92 Stanford Opdyke refused
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10 service; Dkt 96 & 101 Stanford Opdyke; Dkt 97-1 Glenn Morrison refused and avoided service;

11 Dkt 97 Glenn Morrison; Dkt 98 John Haroian; Dkt 99 April Gerlock; Dkt 100 Kimberly VanGoda;
12 Dkt 102 Pierce County Auditor/Authorized to Receive for Pierce County Prosecutor; Dkt 103 U.S.
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Attorney for the United States; Dkt 109 Kenric Hammond refused and avoided service. Service
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perfected in all the above. (DECL. B-9).
15

16

17 CONCLUSION:

18 Based on all the above, Plaintiff respectfully requests this Court grant Reopening of Case No.

19 3:20-cv-06112-BHS, and with consolidation to No. 2:21-cv-01276-RAJ-DWC to fairly serve the

20 ends of justice.
21

22
Respectfully Submitted,
23 s/ CANDIDCAROLYN®
24 s/Carolyn Sioux Green
CAROLYN SIOUX GREEN
25 P.O. Box 2494, Scottsdale, AZ 85252
candidCarolyn@gmail.com, (253)-588-8100
26
Plaintiff Self-represented
27 DATED this 16th day of March, 2022, in Phoenix, Arizona.

28 PLAINTIFFS MOTION TO REOPEN 3:20-CV-06112–BHS,

AND MOTION TO CONSOLIDATE 2:21-CV-01276-RAJ-DWC
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