Jo v. Six Unknown Names Agents Or Mr. President Of The United States Barack Obama
Filing
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ORDER Finding Plaintiff Acted in Bad Faith and IMPOSING Monetary Sanctions in the Amount of $200.00 on Plaintiff, signed by Magistrate Judge Stanley A. Boone on 10/9/2013. Forty-Five Day Deadline. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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YOUNG YIL JO,
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Plaintiff,
v.
SIX UNKNOWN NAMES AGENTS, et al.,
Defendants.
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Case No.: 1:13-cv-01605-LJO-SAB (PC)
ORDER FINDING PLAINTIFF ACTED IN BAD
FAITH AND IMPOSING MONETARY
SANCTIONS IN THE AMOUNT OF $200.00 ON
PLAINTIFF
(ECF No. 1)
FORTY-FIVE DAY DEADLINE
Plaintiff Young Yil Jo is appearing pro se in this civil rights action pursuant to 42 U.S.C. §
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1983, filed on October 7, 2013. Plaintiff is currently in the custody of the Etowah County Jail in
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Gadsden, Alabama.
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To date, Plaintiff Young Yil Jo has filed over one-hundred fifty civil cases in this district. The
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complaint filed in this action is not signed and it sets forth no intelligible claims for relief, and fails to
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state any cognizable claims under federal law. Ashcroft v. Iqbal, 556 U.S. 662, 677-668 (2009); Bell
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Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Federal courts, as all courts, are for the serious
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presentation of cases in which litigants wish to have their matters heard. Plaintiff is not one who takes
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his claim with any serious indication that he intends to pursue a righteous claim.
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On June 12, 2013, the Court issued an order finding that Plaintiff acted in bad faith and
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imposed monetary sanctions in the amount of $100.00 in a separate frivolous complaint filed by
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Plaintiff in Young Yil Jo v. Six Unknown Names Agents in case number 1:13-cv-00837-AWI-SAB,
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ECF No. 2. The Court cited to a previous frivolous complaint filed by Plaintiff in Pak v. Six
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Unknown Names Agent in case number 1:13-cv-00750-AWI-SAB, in which Plaintiff was forewarned
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that monetary sanctions would be imposed for filing frivolous complaints.
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The Court also issued a findings and recommendations, in case number 1:13-cv-00837-AWI-
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SAB, recommending to dismiss the action with prejudice as frivolous. (Id., ECF No. 3.) The findings
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and recommendations were adopted in full on August 21, 2013, and the action was dismissed.
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Plaintiff has previously been informed on numerous occasions that he may be monetarily
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sanctioned for filing frivolous claims without basis in law or fact. See 1:13-cv-00750-AWI-SAB, ECF
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No. 2 (“Plaintiff is further forewarned that filing a complaint based upon facts and law that have no
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reasonable basis may result in further sanctions, including but not limited to an order to pay a penalty
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to the Court.”); 1:13-cv-00837-AWI-SAB, ECF No. 2. Plaintiff failed to heed the Court’s warning
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and filed this similar frivolous claim.
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This Court has inherent power to sanction parties or their attorneys for improper conduct.
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Chambers v. Nasco, Inc., 501 U.S. 32, 43-46 (1991); Roadway Express, Inc. v. Piper, 447 U.S. 752,
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766 (1980); Fink v. Gomez, 239 F.3d 989, 991 (9th Cir. 2001). The imposition of sanctions under the
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Court’s inherent authority is discretionary. Air Separation, Inc. v. Underwriters at Lloyd’s of London,
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45 F.3d 288, 291 (9th Cir. 1995). A court’s inherent powers “are governed not by rule or statue but by
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the control necessarily vested in courts to manage their own affairs so as to achieve the orderly and
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expeditious disposition of cases.” Chambers, 501 U.S. at 43. Such inherent power “is not a broad
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reservoir of power, ready at an imperial hand, but a limited source; and implied power squeezed from
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the need to make the court function.” Id. at 42. “Because inherent powers are shielded from direct
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democratic controls, they must be exercised with restraint and discretion.” Roadway Express, Inc.,
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447 U.S. at 764.
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The Courts “inherent power ‘extends to a full range of litigation abuses.’” Fink, 239 F.3d at
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992 (quoting Chambers, 501 U.S. at 46-47.) However, in order to sanction a litigant under the Court’s
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inherent powers, the Court must make a specific finding of “bad faith or conduct tantamount to bad
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faith.” Fink, 239 F.3d at 994. Although mere recklessness is insufficient to support sanctions under
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the Court’s inherent powers, “recklessness when combined with an additional factor such as
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frivolousness, harassment, or an improper purpose” is sufficient. Id. at 993-994. A litigant may be
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sanctioned for acting for an improper purpose, even if the act was “a truthful statement or nonfrivolous
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argument or objection.” Id. at 992.
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Here, Plaintiff’s constant bad faith filings requires members of the clerk’s office who are
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limited in staffing with increased responsibilities due to budget constraints, to process plaintiff’s
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numerous frivolous filings. Further, Plaintiff’s claim delays this Court from addressing matters
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brought in federal court in good faith. The entire Court’s time is better spent addressing matters
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brought in good faith. See Snyder v. I.R.S., 596 F.Supp. 240, 252 (N. D. Ind. 1984) (“[T]he doors of
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this courthouse are open to good faith litigation, but abuse of the judicial process . . . will not be
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tolerated.”). Similarly, Plaintiff’s constant frivolously filings will not be tolerated.
Accordingly, the Court finds that Plaintiff filed this complaint in bad faith without any basis in
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law or fact. Plaintiff received notice in this Court’s previous findings and recommendations that the
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filing of such complaints may result in monetary sanctions.
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Accordingly,
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IT IS HEREBY ORDERED that:
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1.
claim in bad faith;
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The sanction amount shall be paid to the Court within forty-five (45) days from the
date of service of this order; and
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Plaintiff is assessed monetary sanctions in the amount of $200.00 for filing a frivolous
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The failure to pay the sanction in accordance with this order may result in the
imposition of additional sanctions.
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IT IS SO ORDERED.
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Dated:
October 9, 2013
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UNITED STATES MAGISTRATE JUDGE
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