Yil Jo v. Obama et al
Filing
3
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 2 in full. Jo's Complaint 1 is DISMISSED. Signed by Judge Richard F. Cebull on 10/4/2012. Mailed to Jo. (TAG, )
IN THE UNITED STATES DISTRICT COURT
FILED
FOR THE DISTRICT OF MONTANA
DCT D. 2012
BILLINGS DIVISION
'~Cooot
YOUNG YIL JO,
CV-12-117-BLG-RFC-CSO
Plaintiff,
ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS OF
U.S. MAGISTRATE JUDGE
vs.
SIX UNKNOWN NAMES
AGENTS or MR. PRESIDENT OF
THE UNITED STATES BARACK
OBAMA,
Defendants.
Plaintiff Young Jil Jo, a federal inmate confined in Texas, proceeding without
counsel, has filed another frivolous civil rights action. Doc. 1. The United States
District Court for the Eastern District of California has recently noted that Plaintiff
has filed more than 120 frivolous civil rights cases in that district alone. Jo v. Six
Unknown Names Agents, 2012 WL 4511417, *1 (E.D.Cal. Oct. 1,2012). Since Jo
has far exceeded the three strikes allowed by the Prison Litigation Reform Act to a
prisoner attempting to proceed in forma pauperis in a federal civil lawsuit, and he
cannot show that he qualifies for the "imminent danger of serious physical injury"
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exception of Section 1915(g), United States Magistrate Judge Carolyn S. Ostby has
recommended this Court dismiss Jo's Complaint, enter judgment against him, and
close this case. Doc. 2.
Ordinarily, a party has 14 days to file written objections to a magistrate judge's
findings and recommendations. 28 U.S.C. ยง 636(b)(1). But Jo is not allowed to filed
objections to Magistrate Judge Ostby's denial of his motion to proceed in forma
pauperis. Minettiv. Porto/Seattle, 152F.3d 1113, 1114(9thCir. 1998) (per curiam).
In any event, this Court must still review de novo the magistrate judge's conclusions
of law. Barilla v. Ervin, 886 F.2d 1514, 1518 (9th Cir. 1989).
Here, Magistrate Judge Ostby correctly concluded that Jo has far more than
three strikes and that he is not in "imminent danger of serious physical injury."
Accordingly, Judge Ostby's recommendation to dismiss the Complaint and close this
case is correct and her Findings and Recommendations are adopted in their entirety.
IT IS HEREBY ORDERED that Jo's Complaint (doc. 1) is DISMISSED.
The Clerk ofCourt is directed to enter judgment against J 0 and close this case.
DATED this 4th day of October, 2012.
RICHARD F. CEB
UNITED STATES DISTRICT JUDGE
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