Jo v. Six Unknown Names Agents Or Mr. President Of The United States Barack Obama

Filing 2

FINDINGS and RECOMMENDATIONS recommending that this action be DISMISSED WITH PREJUDICE ;re 1 Prisoner Civil Rights Complaint filed by Young Yil Jo ; referred to Judge Ishii, signed by Magistrate Judge Stanley A. Boone on 09/30/2013. Objections to F&R due by 10/18/2013 (Martin-Gill, S)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

YOUNG YIL JO,
Plaintiff,

10
11
12
13
14

v.
SIX UNKNOWN NAMES AGENTS, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:13-cv-01559-AWI-SAB (PC)
FINDINGS AND RECOMMENDATIONS
RECOMMENDING TO DISMISS PLAINTIFF’S
COMPLAINT WITH PREJUDICE
(ECF No. 1)
FOURTEEN-DAY DEADLINE

15
16
17

Plaintiff Young Yil Jo filed this civil rights pursuant to 42 U.S.C. § 1983 on September 26,
2013. Plaintiff is currently in the custody of the Etowah County Jail in Gadsden, Alabama.

18

To date, Plaintiff Young Yil Jo has filed over one-hundred fifty civil cases in this district. The

19

complaint filed in this action is not signed and it sets forth no intelligible claims for relief, and fails to

20

state any cognizable claims under federal law. Ashcroft v. Iqbal, 556 U.S. 662, 677-668 (2009); Bell

21

Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Given this litigant’s abusive filing practices in

22

this district, and the utterly incoherent pleading before the Court, leave to amend is not warranted.

23

Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000). Federal courts, as all courts, are for the serious

24

presentation of cases in which litigants wish to have their matters heard. Plaintiff is not one who takes

25

this claim with any serious indication that he intends to pursue a righteous claim.

26

As for dismissing this case with prejudice, this Plaintiff has filed over one hundred and fifty

27

civil cases in this district and in a variety of names involving the similar claims and similar lack of any

28

facts which comport with the Federal Rules of Civil Procedure. Plaintiff has been admonished by
1

1

numerous judges of this court and yet still heeds no warning. This Court’s previous case involving

2

Plaintiff warned him that the filing of frivolous claims with no basis in law or fact may result in

3

monetary sanctions. (1:13-cv-00750-AWI-SAB, ECF No. 2.) The Court will issue a separate

4

sanctioning order in addition to dismissing Plaintiff’s claim with prejudice.

5

Accordingly,

6

IT IS HEREBY RECOMMENDED that this action be DISMISSED WITH PREJUDICE.

7

This Findings and Recommendation is submitted to the assigned United States District Court

8

Judge, pursuant to the provisions of 28 U.S.C. § 636 (b)(1)(B) and Rule 304 of the Local Rules of

9

Practice for the United States District Court, Eastern District of California. Within fourteen (14) days

10

after being served with a copy, any party may file written objections with the court and serve a copy

11

on all parties. Such a document should be captioned “Objections to Magistrate Judge’s Findings and

12

Recommendation.” The parties are advised that failure to file objections within the specified time may

13

waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

14
15
16

IT IS SO ORDERED.

17
18

Dated:

September 30, 2013

_

_

UNITED STATES MAGISTRATE JUDGE
19
20
21
22
23
24
25
26
27
28
2