Yil Jo v. Six Unknown Names Agents et al
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, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
JAN 2 5 2013
District Of ~trict Court
YOUNG YIL JO,
Case No. CV-12-161-BLG-RFC
SIX UNKNOWN NAMES
AGENTS or MR. PRESIDENT OF
THE UNITED STATES BARACK
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.
United States District Judge
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