Jo v. Six Unknown Names Agents, et al.
Filing
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ORDER DISMISSING 1 Action signed by Judge Oliver W. Wanger on 6/27/2011. CASE CLOSED. (Sant Agata, S)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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YOUNG YIL JO,
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1:11-cv-01035-OWW-GSA-PC
Plaintiff,
ORDER DISMISSING ACTION
vs.
SIX UNKNOWN NAMES AGENTS, et al.,
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Defendants.
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Plaintiff Young Yil Jo (“plaintiff”) is a prisoner in federal custody at the Airpark Unit
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Correctional Center in Big Spring, Texas. To date, plaintiff has filed more than 120 civil cases in this
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district. Twelve of the cases were transferred to the United States District Court for Minnesota because
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venue was improper in this district.1 Based on those transfers, plaintiff was placed on notice that cases
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in which he named as defendants T. C. Outlaw, George W. Bush, Bill Clinton, John Ashcroft, and/or
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Janet Reno should not be filed in this district because of improper venue.
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The court takes judicial notice of the court records in CV-F-03-5023 OW W TAG P Jo v. Bush, CV-F-03-5168
REC LJO P Jo v. Outlaw, CV-F-03-5281 AW I LJO P Jo v. Outlaw, CV-F-03-5544 AW I HGB P Jo v. Outlaw, CV-F-03-5799
REC SMS P Jo v. Outlaw, CV-F-03-5913 OW W LJO P Jo v. Outlaw, CV-F-03-6115 REC DLB P Jo v. Outlaw, CV-F-036301 OW W LJO P Jo v. Outlaw, CV-F-03-6519 AW I SMS P Jo v. Bush, CV-F-04-5223 AW I SMS P Jo v. Bush, CV-F-045381 OW W HGB P Jo v. Bush, and CV-F-04-5825 OW W LJO P Jo v. Bush .
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Plaintiff has begun to file new cases naming “Six Unknown Agents” as defendants. Plaintiff’s
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allegations, however, are the same as those in which he previously named Bush, Clinton, Ashcroft, et.
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al. Plaintiff now resides in Big Spring, Texas, which is located in Howard County, within the Northern
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District of Texas. Therefore, venue in this district is improper. 28 U.S.C. § 1391(b). Plaintiff’s
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persistence in filing cases in this district despite the lack of proper venue is in bad faith and is vexatious.2
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For this reason, the court declines to transfer this case and shall instead dismiss it, without prejudice.
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Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986) (court may raise defective venue sua sponte).
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Accordingly, this action is HEREBY ORDERED DISMISSED, without prejudice, for lack of
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venue.
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IT IS SO ORDERED.
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Dated:
June 27, 2011
emm0d6
/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE
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As further evidence of plaintiff’s bad faith and vexatiousness, the court takes judicial notice of the court records
in case numbers CV-F-04-5298 AW I SMS P Jo v. Bush, CV-F-04-5336 REC LJO P Jo v. Bush, CV-F-04-5540 OW W SMS
P Jo v. Holderman, CV-F-04-5800 OW W W MW P Jo v. Bush, CV-F-04-5865 AW I W MW P Jo v. Bush, CV-F-04-5934
REC SMS P Jo v. Bush, CV-F-04-5962 REC DLB P Jo v. Bush, CV-F-04-5985 OW W LJO P Jo v. Bush, CV-F-04-6064
AW I W MW P Jo v. Bush, CV-F-04-6087 AW I DLB P Jo v. Bush, CV-F-04-6273 AW I LJO P Jo v. Bush, CV-F-04-6356
OW W SMS P Jo v. Bush, CV-F-04-6411 AW I W MW P Jo v. Bush, CV-F-04-6521 OW W DLB P Jo v. Bush, CV-F-04-6543
OW W DLB P Jo v. Bush, and CV-F-04-6576 AW I DLB P Jo v. Bush. These sixteen cases were dismissed on the same
ground that the instant action is dismissed - lack of venue where plaintiff is already on notice that venue is incorrect in this
district.
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