(PC) Jo v. Six Unknown Agents or Mr President of the United States Barack Obama, No. 1:2013cv01846 - Document 3 (E.D. Cal. 2013)
Court Description: FINDINGS and RECOMMENDATIONS Recommending that this 1 Action be Dismissed with Prejudice signed by Magistrate Judge Stanley A. Boone on 11/15/2013. Referred to Judge Lawrence J. O'Neill. Objections to F&R due by 12/5/2013. (Sant Agata, S)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 YOUNG YIL JO, 12 13 14 15 16 17 18 Plaintiff, v. SIX UNKNOWN AGENTS, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No.: 1:13-cv-01846-LJO-SAB (PC) FINDINGS AND RECOMMENDATION REGARDING COMPLAINT FILED PURSUANT TO 42 U.S.C. § 1983 Plaintiff Young Yil Jo is appearing pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff is currently in the custody of the Etowah County Jail in Gadsden, Alabama. 19 I. 20 DISCUSSION 21 To date, Plaintiff Young Yil Jo has filed over one-hundred fifty civil cases in this district. The 22 complaint filed in this action is not signed and it sets forth no intelligible claims for relief, and fails to 23 state any cognizable claims under federal law. Ashcroft v. Iqbal, 556 U.S. 662, 677-668 (2009); Bell 24 Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Given this litigant’s abusive filing practices in 25 this district, and the utterly incoherent pleading before the Court, leave to amend is not warranted. 26 Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000). Federal courts, as all courts, are for the serious 27 presentation of cases in which litigants wish to have their matters heard. Plaintiff is not one who takes 28 this claim with any serious indication that he intends to pursue a righteous claim. 1 1 As for dismissing this case with prejudice, this Plaintiff has filed over one hundred and fifty 2 civil cases in this district and in a variety of names involving the similar claims and similar lack of any 3 facts which comport with the Federal Rules of Civil Procedure. Plaintiff has been admonished by 4 numerous judges of this court and yet still heeds no warning. This Court has previously warned 5 Plaintiff that the filing of frivolous claims with no basis in law or fact may result in monetary 6 sanctions. (1:13-cv-00750-AWI-SAB, ECF No. 2.) The Court will issue a separate sanctioning order 7 in addition to dismissing Plaintiff’s claim with prejudice. 8 II. 9 RECOMMENDATION 10 Accordingly, 11 IT IS HEREBY RECOMMENDED that this action be DISMISSED WITH PREJUDICE. 12 This Findings and Recommendation is submitted to the assigned United States District Court 13 Judge, pursuant to the provisions of 28 U.S.C. § 636 (b)(1)(B) and Rule 304 of the Local Rules of 14 Practice for the United States District Court, Eastern District of California. Within fourteen (14) days 15 after being served with a copy, Plaintiff may file written objections with the court and serve a copy on 16 all parties. Such a document should be captioned “Objections to Magistrate Judge’s Findings and 17 Recommendation.” Plaintiff is advised that failure to file objections within the specified time may 18 waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 19 20 21 22 IT IS SO ORDERED. Dated: November 15, 2013 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2
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