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Case 9:13-cv-00191-DWM-JCL Document 2 Filed 09/20/13 Page 1 of 4

FILED
SEP 202013

THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA


MISSOULA DIVISION


Clerk Us
DiStriCt.O?::~%~Ourt

.

M'SSoUla

a

YOUNG YIL lO,

Cause No. CV 13-00191-M-DWM-JCL

Plaintiff,

VS.

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

Defendants.

ORDER

Plaintiff Young Yil Jo, an inmate proceeding without counsel, has filed an

incoherent civil rights complaint. (Dkt. 1). Yil Jo is currently being held in the

Etowah County Jail, in Gadsden, Alabama.

Although Yil Jo does not appear to have a relationship to Montana, this is

his fourteenth lawsuit filed in this district. See Civil Action Nos. 12-CV-OI17­

,
BLG-RFC' 12-CV-161-BLG-RFC' 13-CV-0007-M-DLC' 13-CV-OOOI8-M-DLC

,

,

,

13-CV-00046-M-DWM, 13-CV-00097-M-DWM, 13-CV-OOI09-M-DWM-JCL,

13-CV-OOI24-M-DWM 13-CV-OOI34-M-DWM 13-CV-OOI43-M-DWM 13­

,

,

,

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Case 9:13-cv-00191-DWM-JCL Document 2 Filed 09/20/13 Page 2 of 4

CV-158-M-DWM, 13-CV-172-DWM, and 13-CV-184-DWM.

As with his previous lawsuits, Yil Jo did not pay the $350.00 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.

Permission to proceed in forma pauperis is discretionary with the Court. See

28 U.S.C. § 1915(a). 28 U.S.C. § 1915(g) provides:

In no event shall a prisoner bring a civil action or appeal a judgment
in a civil action or proceeding under this section if the prisoner has, on
3 or more prior occasions, while incarcerated or detained in any
facility, brought an action or appeal in a court of the United States that
was dismissed on the grounds that it is frivolous, malicious, or fails to
state a claim upon which relief may be granted, unless the prisoner 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. 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 (B.D. Ca.

Jan. 16,2008); Jo v. Six Unknown Named Agents, No.1 :08-CV -00031 (E.D. Ca.

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Case 9:13-cv-00191-DWM-JCL Document 2 Filed 09/20/13 Page 3 of 4

Jan. 162008); 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 (B.D. Ca. Sept.

9,2008). According to an August 10,2012 Order out of the Eastern District of

California, Yil Jo had filed over one-hundred fifty civil cases in that district alone.

Yil Jo v. Six Unknown Names Agents, No.1 : 12cv01279-A WI-GBC(PC).

Yil Jo has far exceeded the three "strikes" allowed by the Prison Litigation

Reform Act to a prisoner attempting to proceed in forma pauperis in a federal civil

lawsuit. As such, he cannot proceed in forma pauperis in the instant case unless he

can show that he qualifies for the "imminent danger of serious physical injury"

exception of Section 1915(g). Even when construed liberally in Yi Jo's favor, the

allegations in his Complaint do not support a finding that he is in "imminent

danger of serious physical injury."

Ordinarily litigants are given a period of time to pay the $350.00 filing fee,

but Yil Jo will not be allowed to do so given his abusive litigation practices. He

should have known he could not submit additional complaints without paying the

filing fee or demonstrating imminent danger of serious physical harm.

Based upon the foregoing, the Court issues the following:

ORDER

Yil Jo will not be allowed to proceed in forma pauperis pursuant to 28

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Case 9:13-cv-00191-DWM-JCL Document 2 Filed 09/20/13 Page 4 of 4

U.S.C. § 1915(g). The Clerk of Court is directed to close the case and enter

judgment pursuant to Rule 58 ofthe Federal Rules of Civil Procedure.

DATED this .JJf:day of September, 2013.

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