In re Kuang-Bao P. Ou-Young

Filing 2

Order Denying Leave to File Complaint. Signed by Judge Lucy Koh on 04/15/2016. (lhklc2S, COURT STAFF) (Filed on 4/15/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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KUANG-BAO P. OU-YOUNG,
Plaintiff,

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Case No. 15-MC-80197-LHK
ORDER DENYING LEAVE TO FILE
COMPLAINT

v.

Re: Dkt. No. 1
BRUCE IVES, et al.,
Defendant.

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Plaintiff has been declared a vexatious litigant and is subject to a pre-filing order which

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requires him to “obtain leave of [the] court before filing any further suits alleging any violations of

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the federal criminal statutes . . . 18 U.S.C. § 1512(b) [and] 18 U.S.C. § 1512(c).” Ou-Young v.

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Roberts, 13-CV-04442-EMC (N.D. Cal.), ECF No. 40 at 16. In the instant filing, Plaintiff seeks to

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file a complaint against Bruce Ives and F. Joseph Warin for allegedly violating “federal criminal

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statues . . . 18 U.S.C. §§ 1512(b) and 1512(c).” ECF No. 1 ¶ 1. Pursuant to the pre-filing order,

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the Court must “determine whether Plaintiff has stated a potentially cognizable claim in a short,

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intelligible and plain statement.” 13-CV-04442-EMC (N.D. Cal.), ECF No. 40 at 17.

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Plaintiff has failed to meet this requirement. In fact, Plaintiff seeks to file the same

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complaint that Plaintiff sought to file in Ou-Young v. Ives, 15-MC-80235-EJD (N.D. Cal.). In that

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Case No. 15-MC-80197-LHK
ORDER DENYING LEAVE TO FILE COMPLAINT

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action, U.S. District Judge Edward Davila concluded that “the criminal statutes Plaintiff cites in

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the Complaint do not provide for a private cause of action.” 15-MC-80235-EJD (N.D. Cal.), ECF

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No. 2 at 2. “This remains true no matter how many times [Plaintiff] submits this pleading.” Id.

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Accordingly, Judge Davila found Plaintiff’s complaint “barred by the pre-filing order.” Id.

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Consistent with Judge Davila’s ruling, the Court finds that Plaintiff has failed to state a

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cognizable claim in the instant complaint. The Court therefore DENIES Plaintiff leave to file the

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complaint. The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: April 15, 2016
______________________________________
LUCY H. KOH
United States District Judge

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United States District Court
Northern District of California

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Case No. 15-MC-80197-LHK
ORDER DENYING LEAVE TO FILE COMPLAINT