Yil Jo v. Six Unknown Names Agents et al

Filing 2

ORDER DISMISSING CASE. 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. Signed by Judge Donald W. Molloy on 11/8/2013. Mailed to Yil Jo. (TAG, )

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

FILED
NOV 0 8 2013
Clerk.

u.s,. District Court

District Of Mont?"'"

CV 13-00225-M-DWM-J~oula

YOUNG YIL JO,
Plaintiff,
vs.

ORDER

SIX UNKNOWN NAMES AGENTS or
MR PRESIDENT OF THE UNITED
STATES BARACK OBAMA,
Defendants.
Plaintiff Young YiI J 0, an inmate incarcerated in the Etowah County
Detention Center in Gadsden, Alabama, proceeding without counsel, has filed an
incoherent one-page complaint entitled "Under 42 USC 1983 a Civil Rights Action
with the Writ of Summons and a Complaint" on October 31, 2013. (Doc. 1).
Although Yil Jo does not appear to have a relationship to Montana, this is his
sixteenth lawsuit filed in this district. l 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
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-CV-158-M-DWM, 13-CV-172-M-DWM-JCL,
13-CV-184-M-DWM-JCL, 13-CV-191-M-DWM, and 13-CV-200-M-DWM.
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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. 2 According to an
August 28,2013 Order out of the Eastern District of California, Yil Jo had filed
over two hundred civil cases in that district alone. Yil Jo v. Six Unknown Names

Agents, No.1 :13cv01358-LJO-MJS (Doc. 2).
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

See Yil Jo v. Six Unknown Named Agents, No. CV-1l-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 (B.D. Ca. Jan. 16,2008); Jo v. Six Unknown Named Agents, No.1 :08-CV­
00031 (E.D. Ca. Jan. 16 2008); 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).
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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 of time 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
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

&<A...day of November, 20

.

Hoy, District Judge
.strict Court

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