Pak v. Six Unknown Names Agents et al

Filing 2

ORDER DISMISSING CASE. Signed by Judge Donald W. Molloy on 10/3/2013. Mailed to Pak with complaint as directed. (TAG, )

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

JAB JUNE PAK,

OCT a 3 2013
Cieri<, u.s. Distr:" .: ".'''1
District Of Mo ... '
Missoula

CV 13-00201-M-DWM-JCL

Plaintiff,
ORDER

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

On October 2,2013, the Court received Plaintiff Jae June Pak's Complaint
along with two nearly identical Complaints submitted in Civil Actions No. 13-CV­
00200-M-DWM-JCL and 13-CV-00202-M-DWM-JCL. Neither the filing fee nor
a motion to proceed in forma pauperis was submitted in any of these cases. The
complaints were all received in the same envelope with a return address of Young
Yil Jo c/o the Etowah County Jail in Gadsden, Alabama.
The Complaint filed in Civil Action No. 13-CV-00200-M-DWM-JCL is in
the name of Young Yil Jo, a former federal prisoner who according to the Federal
Bureau of Prisons website was released on May 8, 2013. Yil Jo has filed hundreds
of frivolous lawsuits throughout the country. Yil Jo has been denied permission to

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proceed in forma pauperis in Civil Action No. 13-CV-00200-M-DWM-JCL and
that case is closed.
The Complaint at issue here, is styled in the name ofJae June Pak but is not
signed. The Court has serious concerns regarding this Complaint. First, it appears
Yil Jo drafted the Complaint because the Complaints are so similar and the
handwriting on the Complaints and Yil Jo's filings in this and other jurisdictions is
the same. Secondly, Yil Jo has a history of submitting complaints in other
prisoners' names without their knowledge. He has done so previously in this
Court. l In addition, the Northern District of Georgia has noted it had dismissed at
least eleven complaints allegedly submitted by federal prisoner Jaimes Enriquez
against "Six Unknown Names [sic] Agents" at least one of which was actually
submitted by Yil Jo. Enriquez had informed the Court that many lawsuits filed in
his name were not filed by him. See Civil Action ll-CV-01341-WSD, DKT 2
(N.D. Ga April 29, 2011).
More important, however, is that this Complaint has not been signed. Rule
11(a) of the Federal Rules of Civil Procedure requires that every pleading, written

1 See

Civil Action Nos. 13-CV-98-M-DWM, 13-CV-110-M-DWM, 13-CV-125­
M-DWM, 13-CV-135-M-DWM, 13-CV-144-M-DWM, 13-CV-145-M-DWM, and
13-CV-00192-M-DWM-JCL.

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motion and other papers be signed by a party personally if the party is
unrepresented.
It appears that Yil Jo drafted this Complaint and it is unclear whether Pak
has even seen it. In light of this, and because there is no signature on the
Complaint, the Complaint will be stricken and this matter closed.
The Clerk of Court is directed to send a copy of this Order as well as the
Complaint to Pak at the Etowah County Jail in Gadsden, Alabama. IfPak himself
wishes to file a civil suit, he may do so by submitting a signed complaint and either
paying the filing fee or submitting a request for permission to proceed in forma
pauperis that complies with the requirements of28 U.S.C. § 1915.
Based upon the foregoing, the Court issues the following:
ORDER

The Complaint is stricken and the Clerk of Court directed to close the case
and enter judgment pursuant to Rule 58 ofthe Federal Rules of Civil Procedure.

~tVJ
DATED this.!; day of October, 2013.

Hoy, District Judge
istrict Court

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