Arroyo v. Six Unknown Agents or Mr President of the United States Barack Obama

Filing 2

FINDINGS And RECOMMENDATIONS Regarding Civil Rights Complaint (ECF No. 1 ), signed by Magistrate Judge Stanley A. Boone on 11/27/2013. F&R's referred to Judge Lawrence J. O'Neill; Objections to F&R due by 12/13/2013. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GIOVANNI ARROYO,

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Plaintiff,

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

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Case No.: 1:13-cv-01920-LJO-SAB (PC)
FINDINGS AND RECOMMENDATION
REGARDING CIVIL RIGHTS COMPLAINT
[ECF No. 1]

Plaintiff Young Yil Jo is appearing pro se in this civil rights action pursuant to 42 U.S.C. §

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1983. Plaintiff is currently in the custody of the Etowah County Jail in Gadsden, Alabama. While this

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action is brought in the name of Giovanni Arroyo and Young Yil Jo, the Court recognizes the

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handwriting and substance of the complaint to be brought by Young Yil Jo only.

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I.

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DISCUSSION

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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). Given this litigant’s abusive filing practices in

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

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Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000). 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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this claim with any serious indication that he intends to pursue a righteous claim.

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

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

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

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numerous judges of this court and yet still heeds no warning. This Court has previously warned

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

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

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in addition to dismissing Plaintiff’s claim with prejudice.

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II.

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RECOMMENDATION

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Accordingly,

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

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

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

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

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after being served with a copy, Plaintiff may file written objections with the court and serve a copy on

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

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Recommendation.” Plaintiff is advised that failure to file objections within the specified time may

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

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IT IS SO ORDERED.
Dated:

November 27, 2013
UNITED STATES MAGISTRATE JUDGE

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