Ou-Young v. Roberts et al

Filing 4

ORDER Denying Leave to File Certain Previously Filed Claims and Dismissing New Claims. Signed by Judge Ronald M. Whyte on 1/29/14. (jgS, COURT STAFF) (Filed on 1/30/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

SAN JOSE DIVISION
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KUANG-BAO P. OU-YOUNG,
Plaintiff,

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Case No. 14-CV-80017
ORDER DENYING LEAVE TO FILE
CERTAIN PREVIOUSLY FILED
CLAIMS AND DISMISSING NEW
CLAIMS

v.
JOHN G. ROBERTS, JR., et al.,
Defendants.

[Re Docket No. 1]

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Plaintiff Kuang-Bao P. Ou-Young has been declared a vexatious litigant and must obtain

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leave of court before “filing any further suits alleging any violations of the federal criminal statutes,

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pursuant to 18 U.S.C. § 1512(b), 18 U.S.C. § 1512 (c), and 18 U.S.C. § 371, and the FTCA [Federal

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Tort Claims Act], codified at 28 U.S.C. § 2671 et seq., involving parties that he named in the current

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case, or [in previously filed cases in this Court].” See Ou-Young v Roberts, Case No. 13-cv-4442

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EMC, E.C.F. No. 40 (N.D. Cal. Dec. 20, 2013) (Vexatious Litigant Order).

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Plaintiff’s current complaint involves allegations of the named statutes against nine

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defendants he has previously named. Plaintiff also names two additional defendants, District Judge

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Edward M. Chen and Assistant United States Attorney Claire Cormier. Plaintiff has not named

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these individuals as defendants in his prior cases, but alleges the same claims against them.
ORDER
Case No. 14-CV-80017-RMW
LM

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The court has reviewed plaintiff’s complaint against all defendants, and finds no potentially

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cognizable claims therein. Plaintiff’s claims against the nine defendants previously sued are barred

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by Judge Chen’s Vexatious Litigant Order. The claims against Judge Chen and Ms. Cormier are

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dismissed sua sponte under Federal Rule of Civil Procedure 12(b). Omar v. Sea-Land Service, Inc.,

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813 F.2d 986, 991 (9th Cir. 1987) (“A trial court may dismiss a claim sua sponte under Fed. R. Civ.

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P. 12(b)(6). . . . Such a dismissal may be made without notice where the claimant cannot possibly

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win relief.” (citation omitted)). As previously explained in plaintiff’s most recent case, the court

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lacks jurisdiction over his claims because Judge Chen and Ms. Cormier are immune from suit. See

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Vexatious Litigant Order at 7-8 (explaining judicial and prosecutorial immunity). Moreover,

United States District Court
For the Northern District of California

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plaintiff cannot state a claim because the subject federal criminal statutes do not provide a private

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right of action. Id. at 9. Finally, the court lacks jurisdiction over the FCTA claims asserted against

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Judge Chen and Ms. Cormier because plaintiff did not exhaust his administrative remedies. Id. at

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10. Because plaintiff has not established jurisdiction and cannot state a claim for relief, the entire

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complaint is dismissed with prejudice.

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.

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Dated: January 29, 2014

_________________________________
Ronald M. Whyte
United States District Judge

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ORDER
Case No. 14-CV-80017-RMW
LM

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

KUANG-BAO P. OU-YOUNG,

Case Number: CV14-80017 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
JOHN G. ROBERTS, JR., et al.,
Defendant.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on January 30, 2014, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

Kuang-Bao P. Ou-Young
1362 Wright Avenue
Sunnyvale, CA 94087
Dated: January 30, 2014
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk