Jo v. Six Unknown Agents et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge John C Coughenour re 5 Report and Recommendations The Court, having reviewed Plaintiffs application to proceed in forma pauperis (IFP) (Dkt. No. 1), the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge (Dkt. No. 5), and the remaining record, does hereby find and ORDER: (1) The Court adopts the Report and Recommendation; (2) Plaintiffs IFP application is DENIED based on having at least five strikes under 28 U.S.C. § 1915(g). Plaintiff is directed to pay the full filing fee of $400 within thirty (30) days of the date on which the United States Court of Appeals for the Ninth Circuit issues its mandate in Plaintiffs pending appeal. (Dkt. Nos. 67.) If the filing fee is not paid, this case will be dismissed; (3) The Clerk shall file the complaint only on receipt of the filing fee. If no filing fee is paid within thirty (30) days of the date of the Court of Appeals mandate, the Clerk is directed to close the file; and (4) The Clerk is directed to send copies of this Order to plaintiff and to the Honorable Mary Alice Theiler. (cc: Plaintiff) (SA)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 YOUNG YIL JO, 10 Plaintiff, 11 12 CASE NO. C13-0915-JCC ORDER v. SIX UNKNOWN AGENTS, et al., 13 Defendants. 14 15 The Court, having reviewed Plaintiff’s application to proceed in forma pauperis (“IFP”) 16 (Dkt. No. 1), the Report and Recommendation of the Honorable Mary Alice Theiler, United 17 States Magistrate Judge (Dkt. No. 5), and the remaining record, does hereby find and ORDER: 18 (1) The Court adopts the Report and Recommendation; 19 (2) Plaintiff’s IFP application is DENIED based on having at least five strikes under 20 28 U.S.C. § 1915(g). Plaintiff is directed to pay the full filing fee of $400 within thirty (30) days 21 of the date on which the United States Court of Appeals for the Ninth Circuit issues its mandate 22 in Plaintiff’s pending appeal. (Dkt. Nos. 6–7.) If the filing fee is not paid, this case will be 23 dismissed; 24 (3) The Clerk shall file the complaint only on receipt of the filing fee. If no filing fee 25 is paid within thirty (30) days of the date of the Court of Appeals’ mandate, the Clerk is directed 26 to close the file; and ORDER PAGE - 1 1 (4) The Clerk is directed to send copies of this Order to plaintiff and to the Honorable 2 Mary Alice Theiler. 3 4 DATED this 6th day of August 2013. 5 6 7 A 8 9 10 John C. Coughenour UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER PAGE - 2

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