Yil Jo v. Six Unknown Names Agents et al

Filing 2

ORDER DISMISSING CASE. Signed by Judge Donald W. Molloy on 1/2/2014. Mailed to Yil Jo. (TAG, )

FILED

JAN 0 2 201~
Cleltt, u.s 0i8trId Court

Oistrtct Of Montana

M'1SSOU1a

THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

YOUNG YIL JO,

CV 13-00314-M-DWM-JCL

Plaintiff,
ORDER

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

Plaintiff Young Yil Jo, an inmate incarcerated in the Etowah County
Detention Center in Gadsden, Alabama, proceeding without counsel, filed an
incoherent one-page complaint on December 30,2013. (Doc. 1.) Although Yil Jo
does not appear to have a relationship to Montana, this is his twentieth lawsuit filed
in this district. As with his previous lawsuits, Yil Jo did not pay the $400.00 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.
Under the "3-strikes" provision of28 U.S.C. § 1915(g), a prisoner may not

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bring a civil action in forma pauperis if, while incarcerated, he brought three or
more civil actions or appeals that were dismissed as frivolous, malicious, or fails to
state a claim upon which relief may be granted, unless he 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. 1
Yil Jo has far exceeded the three "strikes" allowed by the Prison Litigation
Reform Act and therefore cannot proceed in forma pauperis unless he is in
"imminent danger of serious physical injury." The allegations in the Complaint do
not support a finding that Yil Jo is in "imminent danger of serious physical injury."
Ordinarily litigants are given a period of time to pay the $400.00 filing fee, but Yil
Jo will not be allowed to do so given his abusive litigation practices.
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
See Yil Jo v. Six Unknown Named Agents, No. CV-Il-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-II-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. 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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judgment pursuant to R'J8 of the Federal Rules of Civil Procedure.

DATED this ~ day of January, 2014

Hoy, District Judge
istrict Court

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