Yil Jo v. Six Unknown Names Agents et al

Filing 3

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 2 in full. Plaintiff's Motion to Proceed In Forma Pauperis is DENIED and this matter is DISMISSED WITH PREJUDICE. Signed by Judge Richard F. Cebull on 1/25/2013. Mailed to Jo. (TAG, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION FILED JAN 2 5 2013 Clerf< us o· District Of ~trict Court Billing:ntana YOUNG YIL JO, Case No. CV-12-161-BLG-RFC Plaintiff, ORDER vs. SIX UNKNOWN NAMES AGENTS or MR. PRESIDENT OF THE UNITED STATES BARACK OBAMA, Defendants. United States Magistrate Judge Carolyn S. Ostby recommends this Court deny Plaintiff leave to proceed in forma pauperis because this frivolous action is subject to dismissal pursuant to 28 U.S.C. § 1915(g). Doc. 2. The Court agrees. Plaintiff has filed hundreds of frivolous civil rights actions and has been assessed three strikes by at least two federal district courts. See doc. 2 p. 2. Since the allegations in the Complaint fail to support a finding that he is in "imminent danger of serious physical injury," he cannot proceed informa pauperis. Moreover, as Plaintiff is familiar with this process, he should know that cannot file an action without paying the filing fee and it is unnecessary to give him time to pay the filing fee. Accordingly, IT IS ORDERED that the Findings and Recommendations (doc. 2) are adopted in their entirety. Plaintiffs Motion to Proceed In Forma Pauperis is DENIED and this matter is DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close the case and enter judgment pursuant to Rule 58 of the Federal ules of Civil Procedure. Dated this ~~- United States District Judge

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