Yil Jo v. Obama et al, No. 1:2012cv00117 - Document 3 (D. Mont. 2012)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 2 in full. Jo's Complaint 1 is DISMISSED. Signed by Judge Richard F. Cebull on 10/4/2012. Mailed to Jo. (TAG, )
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Yil Jo v. Obama et al Doc. 3 IN THE UNITED STATES DISTRICT COURT FILED FOR THE DISTRICT OF MONTANA DCT D. 2012 BILLINGS DIVISION '~Cooot YOUNG YIL JO, CV-12-117-BLG-RFC-CSO Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE vs. SIX UNKNOWN NAMES AGENTS or MR. PRESIDENT OF THE UNITED STATES BARACK OBAMA, Defendants. Plaintiff Young Jil Jo, a federal inmate confined in Texas, proceeding without counsel, has filed another frivolous civil rights action. Doc. 1. The United States District Court for the Eastern District of California has recently noted that Plaintiff has filed more than 120 frivolous civil rights cases in that district alone. Jo v. Six Unknown Names Agents, 2012 WL 4511417, *1 (E.D.Cal. Oct. 1,2012). Since 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, and he cannot show that he qualifies for the "imminent danger of serious physical injury" 1 Dockets.Justia.com exception of Section 1915(g), United States Magistrate Judge Carolyn S. Ostby has recommended this Court dismiss Jo's Complaint, enter judgment against him, and close this case. Doc. 2. Ordinarily, a party has 14 days to file written objections to a magistrate judge's findings and recommendations. 28 U.S.C. ยง 636(b)(1). But Jo is not allowed to filed objections to Magistrate Judge Ostby's denial of his motion to proceed in forma pauperis. Minettiv. Porto/Seattle, 152F.3d 1113, 1114(9thCir. 1998) (per curiam). In any event, this Court must still review de novo the magistrate judge's conclusions of law. Barilla v. Ervin, 886 F.2d 1514, 1518 (9th Cir. 1989). Here, Magistrate Judge Ostby correctly concluded that Jo has far more than three strikes and that he is not in "imminent danger of serious physical injury." Accordingly, Judge Ostby's recommendation to dismiss the Complaint and close this case is correct and her Findings and Recommendations are adopted in their entirety. IT IS HEREBY ORDERED that Jo's Complaint (doc. 1) is DISMISSED. The Clerk ofCourt is directed to enter judgment against J 0 and close this case. DATED this 4th day of October, 2012. RICHARD F. CEB UNITED STATES DISTRICT JUDGE 2
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