Boch 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. Mailed to Boch at Etowah County Jail. (TAG, )

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

FILED
NOVo 8 2013
CIe~Y:..S. District Court
I.JRIU M;;l

CV 13-00229-M-DWM-ICL

ERICK NIl BOCH,

Of Montana

MiSSOUla

Plaintiff,
vs.

ORDER

SIX lJNKNOWN NAMES AGENTS or
MR PRESIDENT OF THE UNITED
STATES BARACK OBAMA,
Defendants.
On October 31,2013, the Court received Plaintiff Erick Boch's Complaint
along with five nearly identical complaints submitted in Civil Actions No. 13-CV­
00225-M-DWM-ICL , 13-CV-00226-M-DWM-ICL, 13-CV-00227-M-DWM-ICL'
,
13-CV-00228-M":DWM-ICL, and 13-CV-00230-M-DWM-ICL. 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 10 c/o the Etowah County 1ail in Gadsden, Alabama.
The Complaint filed in Civil Action No. 13-CV-00225-M-DWM-ICL is in
the name ofYoung Yil 10, a former federal prisoner who according to the Federal
Bureau of Prisons website was released on May 8, 2013. Yil 10 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 Erick Boch 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. 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 ll-CV-01341-WSD, DKT 2
(N.D. Ga April 29, 2011).
More important, however, is that this Complaint has not been signed. Rule
II(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-I10­
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.
I

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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 Boch
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 ofthe Federal Rules of Civil Procedure.
DATED this ~day of November, 2013.

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