Yil Jo v. Six Unknown Names Agents et al

Filing 2

ORDER. Yil Jo will not be allowed to proceed in forma pauperis pursuant to 28 U.S.C. 1915(g). The Clerk of Court is directed to close the case and enter judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Judge Donald W. Molloy on 9/20/2013. Mailed to Yil Jo. (TAG, )

FILED
SEP 2 0 2013
Clerk. u.s. District Court

District Of Montana

Missoula

THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

YOUNG YIL JO,

Cause No. CV 13-00184-M-DWM-JCL

Plaintiff,
vs.
ORDER

SIX UNKNOWN NAMES AGENTS or
MR PRESIDENT OF THE UNITED
STATES BARAeK OBAMA,
Defendants.

Plaintiff Young YiI Jo, an inmate proceeding without counsel, has filed an
incoherent civil rights complaint. (Dkt. 1). Yil Jo is currently being held in the
Etowah County Jail, in Gadsden, Alabama.
Although Yil Jo does not appear to have a relationship to Montana, this is
his thirteenth lawsuit filed in this district. See Civil Action Nos. 12-CV-0117­
BLG-RFC; 12-CV-161-BLG-RFC; 13-CV-0007-M-DLC; 13-CV-00018-M-DLC,
13-CV-00046-M-DWM, 13-CV-00097-M-DWM, 13-CV-00109-M-DWM-JCL,
13-CV-00124-M-DWM, 13-CV-00134-M-DWM, 13-CV-00143-M-DWM, 13­

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CV-158-M-DWM, and 13-CV-172-DWM.
As with his previous lawsuits, Yil Jo did not pay the $350.00 filing fee and
did not submit an application to proceed in forma pauperis. Because this action is
subject to dismissal pursuant to 28 U.S.C. § 1915(g), the Court will not direct Yil
Jo to pay the fee or file a motion for leave to proceed in forma pauperis.
Permission to proceed in forma pauperis is discretionary with the Court. See
28 U.S.C. § 1915(a). 28 U.S.C. § 1915(g) provides:
In no event shall a prisoner bring a civil action or appeal a judgment
in a civil action or proceeding under this section if the prisoner has, on
3 or more prior occasions, while incarcerated or detained in any
facility, brought an action or appeal in a court of the United States that
was dismissed on the grounds that it is frivolous, malicious, or fails to
state a claim upon which relief may be granted, unless the prisoner is
under imminent danger of serious physical injury.
Yil Jo has filed several hundred civil actions throughout the country which
have been dismissed as frivolous, malicious, or for failure to state a claim. He has
received three strikes in at least two federal district courts. See Yil Jo v. Six
Unknown Named Agents, No. CV-11-1963-RSM (W.D. Wash., Mar. 26,2012);
Yil Jo v. Six Unknown Named Agents, No. CV-12-76-JLR (W.D. Wash, Mar. 9,
2012); Yil Jo v. Six Unknown Named Agents, No. CV-11-2159-JLR (W.D. Wash.,
Feb. 21, 2012); Jo v. Six Unknown Named Agents, No.1 :08-CV-00005 (E.D. Ca.
Jan. 16,2008); Jo v. Six Unknown Named Agents, No.1 :08-CV-00031 (E.D. Ca.

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Jan. 162008); Jo v. Six Unknown Named Agents, No.1 :08-CV-1260 (E.D. Ca.
Aug. 29, 2008); Jo v. Six Unknown Named Agents, 1:08-CV-1254 (E.D. Ca. Sept.
9,2008). According to an August 10,2012 Order out of the Eastern District of
California, Yil Jo had filed over one-hundred fifty civil cases in that district alone.
Yil Jo v. Six Unknown Names Agents, No.1: 12cv01279-AWI-GBC(PC).
Yil 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. As such, he cannot proceed in forma pauperis in the instant case unless he
can show that he qualifies for the "imminent danger of serious physical injury"
exception of Section 1915(g). Even when construed liberally in Yi Jo's favor, the
allegations in his Complaint do not support a finding that he is in "imminent
danger of serious physical injury."
Ordinarily litigants are given a period oftime to pay the $350.00 filing fee,
but Yil Jo will not be allowed to do so given his abusive litigation practices. He
should have known he could not submit additional complaints without paying the
filing fee or demonstrating imminent danger of serious physical harm.
Based upon the foregoing, the Court issues the following:

ORDER
Yil Jo will not be allowed to proceed in forma pauperis pursuant to 28

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u.s.C. § 1915(g). The Clerk of Court is directed to close the case and enter
judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.

DATED this

~ay of September, 2013.

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