Jo v. Six Unknown Names Agents

Filing 2

ORDER DISMISSING 1 Action, without Prejudice, for Lack of Venue signed by Judge Oliver W. Wanger on 1/15/2010. CASE CLOSED. (Sant Agata, S)

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The court takes judicial notice of the court records in CV-F-03-5023 OW W TAG P Jo v. Bush, CV-F-03-5168 R E C LJO P Jo v. Outlaw, CV-F-03-5281 AW I LJO P Jo v. Outlaw, CV-F-03-5544 AW I HGB P Jo v. Outlaw, CV-F-03-5799 R E C SMS P Jo v. Outlaw, CV-F-03-5913 OW W LJO P Jo v. Outlaw, CV-F-03-6115 REC DLB P Jo v. Outlaw, CV-F-036 3 0 1 OW W LJO P Jo v. Outlaw, CV-F-03-6519 AW I SMS P Jo v. Bush, CV-F-04-5223 AW I SMS P Jo v. Bush, CV-F-045 3 8 1 OW W HGB P Jo v. Bush, and CV-F-04-5825 OW W LJO P Jo v. Bush.
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

YOUNG YIL JO, Plaintiff, vs. SIX UNKNOWN NAMES AGENTS, et al., Defendants. /

1:10-cv-00057-OWW-GSA-PC ORDER DISMISSING ACTION

Plaintiff Young Yil Jo ("plaintiff") is a prisoner in federal custody at the Federal Correctional Institution in Big Spring, Texas. To date, plaintiff has filed more than 120 civil cases in this district. Twelve of the cases were transferred to the United States District Court for Minnesota because venue was improper in this district.1 Based on those transfers, plaintiff was placed on notice that cases in which he named as defendants T. C. Outlaw, George W. Bush, Bill Clinton, John Ashcroft, and/or Janet Reno should not be filed in this district.

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Plaintiff has begun to file new cases naming "Six Unknown Agents" as defendants. Plaintiff's allegations, however, are the same as those in which he previously named Bush, Clinton, Ashcroft, et. al. Plaintiff's persistence in filing cases in this district despite the lack of proper venue is in bad faith and is vexatious.2 For this reason, the court declines to transfer this case and shall instead dismiss it, without prejudice. Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986) (court may raise defective venue sua sponte). Accordingly, this action is HEREBY ORDERED DISMISSED, without prejudice, for lack of

IT IS SO ORDERED. Dated: January 15, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

As further evidence of plaintiff's bad faith and vexatiousness, the court takes judicial notice of the court records in case numbers CV-F-04-5298 AW I SMS P Jo v. Bush, CV-F-04-5336 REC LJO P Jo v. Bush, CV-F-04-5540 OW W SMS P Jo v. Holderman, CV-F-04-5800 OW W W M W P Jo v. Bush, CV-F-04-5865 AW I W M W P Jo v. Bush, CV-F-04-5934 R E C SMS P Jo v. Bush, CV-F-04-5962 REC DLB P Jo v. Bush, CV-F-04-5985 OW W LJO P Jo v. Bush, CV-F-04-6064 A W I W M W P Jo v. Bush, CV-F-04-6087 AW I DLB P Jo v. Bush, CV-F-04-6273 AW I LJO P Jo v. Bush, CV-F-04-6356 O W W SMS P Jo v. Bush, CV-F-04-6411 AW I W M W P Jo v. Bush, CV-F-04-6521 OW W DLB P Jo v. Bush, CV-F-04-6543 O W W DLB P Jo v. Bush, and CV-F-04-6576 AW I DLB P Jo v. Bush. These sixteen cases were dismissed on the same g r o u n d that the instant action is dismissed - lack of venue where plaintiff is already on notice that venue is incorrect in this d is t r i c t .

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