Alcantara v. Six Unknown Names Agents et al

Filing 2

ORDER DISMISSING CASE. In Civil Action 14-CV-00003-M-DLC-JCL, Young Yil Jo will not be allowed to proceed in forma pauperis pursuant to 28 U.S.C. 1915(g).The Complaints in Civil Action Nos. 14-CV-00004-M-DLC through 14-CV00023-M-DLC are stricken. Signed by Judge Dana L. Christensen on 1/27/2014. (TAG, )

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
YOUNG YIL JO,

CV

FILED
JAN 2 7 2014

Clerk, U.S District Court
District Of Montana
14-00003-M-DL()4jJ;@~

Plaintiff,
vs.
ORDER
SIX UNKNOWN NAMES AGENTS or
MR PRESIDENT OF THE UNITED
STATES BARACK OBAMA,
Defendants.
JOSE A. ALCANTARA,

CV 14-00004-M-DLC-JCL

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

MANUEL AGUIRRE,

CV 14-00005-M-DLC-JCL

Plaintiff,

vs.

ORDER
SIX UNKNOWN NAMES AGENTS or
MR PRESIDENT OF THE UNITED
STATES BARACK OBAMA,
Defendants.
1

GIOVANNI ARROYO,

CV 14-00006-M-DLC-JCL

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

CRESCENCIO BARRAZA,

CV 14-00007-M-DLC-JCL

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

ERICK NIJ BOCH,

CV 14-00008-M-DLC-JCL

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

2

SANTOS DIAZ-H,

CV 14-00009-M-DLC-JCL

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

BERNARDO FERNANDEZ,

CV 14-00010-M-DLC-JCL

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

AGAPITO JARAMILLO,

CV 14-00011-M-DLC-JCL

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

3

BERTRAM C. JOHNSON,

CV 14-00012-M-DLC-JCL

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

THOLE,

CV 14-00013-M-DLC-JCL
Plaintiff,

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

ALFONSO MEDRANO,
Plaintiff,

CV 14-00014-M-DLC-JCL

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

4

ORDER

JOSE A. MALDANADO,

CV 14-00015-M-DLC-JCL

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

JAIME A. MORALES,

CV 14-00016-M-DLC-JCL

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

JULIO C. PENA,

CV 14-00017-M-DLC-JCL

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

5

LUIS QUINTANILLA,

CV 14-00018-M-DLC-JCL

Plaintiff,

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

MARTIN A. ROSAS P.,

CV 14-00019-M-DLC-JCL

Plaintiff,

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

GUSTAVO V. RUBIO,

CV 14-00020-M-DLC-JCL

Plaintiff,

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

6

WILLIAM B. SANTOS,

CV 14-00021-M-DLC-JCL

Plaintiff,
vs.
ORDER

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

ROGER TALANCON,

CV 14-00022-M-DLC-JCL

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

OMARA. TURCIOS,

CV 14-00023-M-DLC-JCL

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

7

Plaintiff Young Yil Jo, an INS detainee held in the Etowah County
Detention Center in Gadsden, Alabama, filed an incoherent one-page complaint on
January 6, 2014. (Civil Action No. 14-CV-0003, Doc. 1.) Although Yil Jo does
not appear to have a relationship to Montana, this is his twenty-second 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), Yil Jo will not be
directed 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
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

See Yil Jo v. Six Unknown Named Agents, No. CV-11-1963-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 (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).
I

8

Refonn Act and therefore cannot proceed in fonna 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 oftime to pay the $400.00 filing fee, but Yil
Jo will not be allowed to do so given his abusive litigation practices.
Yil Jo included twenty-two additional complaints in the envelope in which
he sent his complaint. The complaints are all basically identical but have different
plaintiffs. It appears clear that Yil Jo drafted all of these Complaints because they
are identical and the handwriting on the Complaints and Yil Jo's filings in this and
other jurisdictions is the same. Yil Jo has a history of submitting complaints in
other prisoners' names without their knowledge. He has done so previously in this
Court and in other jurisdictions. See Reyes v. Six Unknown Names Agents, et al.,
Civil Action 13-CV-00298-M-DWM-JCL (Doc. 4-Letter from Rafael Reyes
infonning the Court that he did not submit the complaint in that action and that it
was submitted by Young Yil Jo); see also Civil Action l1-CV-01341-WSD, DKT
2 (N.D. Ga April 29, 2011)(court 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).
More important, however, is that none of the Complaints, except Yil Jo's,
are signed. Rule 11(a) of the Federal Rules of Civil Procedure requires that every
9

pleading, written motion and other papers be signed by a party personally if the
party is unrepresented.
It appears that Yil Jo drafted these Complaints and it is unclear that any of

the other named plaintiffs have even seen them. In light of this, and because there
are no signatures on the Complaints filed in Civil Action Nos. 14-CV-00004-M­
DLC through 14-CV-00023-M-DLC, they will be stricken and those matters
closed.
Based upon the foregoing, the Court issues the following:
ORDER
In Civil Action 14-CV-00003-M-DLC-JCL, Young 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 that case and enter judgment pursuant to Rule 58 of
the Federal Rules of Civil Procedure.
The Complaints in Civil Action Nos. 14-CV-00004-M-DLC through 14-CV­
00023-M-DLC are stricken. The Clerk of Court is directed to close those cases
and enter judgment pursuant to Rule 58 ofth

ederal Rules of Civil Procedure.

~
DATED this ~ day of January, 20 4.

Dana L. Christensen, Chief
United States District Court

10