Fernandez v. Six Unknown Names Agents et al

Filing 2

ORDER.The Complaint is stricken and the Clerk of Court directed to close the case and enter judgment. Signed by Judge Donald W. Molloy on 11/8/2013. Mailed to Fernandez at Etowah County Jail. (TAG, )

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

FILED
NOV 0 8 2013
Clerk, u.s. District Court

__ DistrictQf Montana

CV 13-00227-M-DWM-J,4iUouls

BERNARDO FERNANDEZ,
Plaintiff,
vs.

ORDER

SIX UNKNOWN NAMES AGENTS or
MR PRESIDENT OF THE UNITED
STATES BARACK OBAMA,
Defendants.
On October 31,2013, the Court received Plaintiff Bernardo Fernandez's

Complaint along with five nearly identical complaints submitted in Civil Actions
No. 13-CV-0022S-M-DWM-JCL, 13-CV-00226-M-DWM-JCL, 13-CV-00228-M­
DWM-JCL; 13-CV-00229-M-DWM-JCL, and 13-CV-00230-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-0022S-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. He has been denied permission to

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proceed in forma pauperis in Civil Action No. 13-CV-00225-M-DWM-JCL and
that case is closed.
The Complaint at issue here, is styled in the name of Bernardo Fernandez
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 YiI 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. 1 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 11-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) ofthe Federal Rules of Civil Procedure requires that every pleading, written

See Civil Action Nos. 12-CV-118-BLG-RFC, 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, 13-CV-00192-M-DWM-JCL, 13-CV-00201-M-DWM-JCL,
and 13-CV-00202-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

F emandez 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.
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 of the Federal Rules of Civil Procedure.
DATED this ~ day of November, 2013.

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