Ou-Young v. Ives et al

Filing 2

ORDER DENYING LEAVE TO FILE COMPLAINT. Signed by Judge Edward J. Davila on 9/16/2015. (ejdlc1S, COURT STAFF) (Filed on 9/16/2015)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

10
KUANG-BAO P. OU-YOUNG,

11

Case No. 5:15-mc-80235-EJD

United States District Court
Northern District of California

Plaintiff,
12

ORDER DENYING LEAVE TO FILE
COMPLAINT

v.
13
BRUCE IVES, et al.,

14

Defendants.
15
Plaintiff Kuang-Bao P. Ou-Young has been declared a vexatious litigant and is subject to a

16
17

pre-filing order which specifically requires him to “obtain leave of court before filing any further

18

suits alleging any violations of the federal criminal statutes, pursuant to 18 U.S.C. § 1512(b), 18

19

U.S.C. § 371, and the FTCA, codified at 28 U.S.C. § 2671 et seq.” See Docket Item No. 40, Case

20

No. 3:13-cv-04442-EMC. Undeterred by the numerous other occasions when this court has

21

denied him leave to file the same Complaint,1 Plaintiff again seeks to file a Complaint against

22

Bruce Ives and F. Joseph Warin for alleged violations of two statutes enumerated in the pre-filing

23

order - §§ 1512(b) and 1512(c). The court reviews the pleading to “determine whether Plaintiff

24

has stated a potentially cognizable claim in short, intelligible and plain statement.” Id.

25
26
27
28

1

See Case Nos. 5:14-mc-80332-BLF; 5:15-mc-80335-BLF; 3:14-mc-80343-WHA; 5:15-mc80031-YGR; 5:15-mc-80149-BLF; 5:15-mc-80151-EJD; 5:15-mc-80172-EJD; 5:15-mc-80192EJD; 5:15-mc-80212-BLF.
1
Case No.: 5:15-mc-80235-EJD
ORDER DENYING LEAVE TO FILE COMPLAINT

1

He has not. Simply put, the criminal statutes Plaintiff cites in the Complaint do not

2

provide for a private cause of action. This remains true no matter how many times he submits this

3

pleading. The Complaint is therefore barred by the pre-filing order and leave to file it is DENIED.

4
5
6
7
8

IT IS SO ORDERED.
Dated: September 16, 2015
______________________________________
EDWARD J. DAVILA
United States District Judge

9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2
Case No.: 5:15-mc-80235-EJD
ORDER DENYING LEAVE TO FILE COMPLAINT