Young Yil Jo v. Six Unknown Names Agents

United States District Court for the Central District of California

Young Yil Jo v. Six Unknown Names Agents

Trial Court Opinion

1 2 JS-6 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 YOUNG YIL JO, et al, ) NO. CV 20-1377-GW (KS) 11 Plaintiffs, ) 12 v. ) ) 13 ) ORDER AND JUDGMENT OF DISMISSAL SIX UNKNOWN NAMES AGENTS, 14 ) et al, ) 15 Defendants. ) 16 _________________________________ ) 17 18 On February 11, 2020, Plaintiffs, California residents proceeding pro se, filed a civil 19 rights complaint under

42 U.S.C. §§ 1981

and 1983 (the “Complaint”) against, inter alia, Six 20 Unnamed Agents, the President of the United States, the Mayor of Los Angeles, a church, and 21 a property management company. (Dkt. No. 1.) The Complaint is impossible to comprehend, 22 with annotations written sideways in the margins of each page, words crossed out, attachments 23 interspersed with the pleadings, and each page reflecting a mix of typed and handwritten 24 statements seemingly prepared by different individuals. (See generally id.) As such, the 25 Complaint violates Rule 8 of the Federal Rules of Civil Procedure and is subject to dismissal 26 for failure to state a claim upon which relief can be granted. See FED. R. CIV. P. 8; United 27 States ex rel. Cafasso v. Gen. Dynamics C4 Sys., Inc.,

637 F.3d 1047, 1059

(9th Cir. 2011) 28 1 (complaint violates Rules 8 if a defendant would have difficulty understanding and responding 2 to it). 3 4 Also on February 11, 2020, the Court notified Plaintiffs that they had failed to pay the 5 filing fee and had not filed a request to proceed in forma pauperis. (Dkt. No. 2.) On February 6 26, 2020, after more than two weeks had passed and Plaintiffs had not responded to the Court’s 7 notification, the Court ordered Plaintiffs to show cause, no later than March 18, 2020, why the 8 action should not be dismissed for failure to pay the filing fee or obtain authorization to 9 proceed without prepayment of the fee. (Dkt. No. 4.) 10 11 On March 4, 2020, Plaintiffs filed a First Amended Complaint (the “FAC”), which 12 suffers from the same defects as the Complaint. (Dkt. No. 5.) One sample sentence reads: 13 14 A claim a complaint a plaintiff a person an individual individuals a remedy 15 remedies his injury claim a timely a petition for writ of habeas corpus a 16 decision in habeas corpus a case cases claims a key once a claim for relief no 17 more than 30 days a private a privacy right alone suffice a master a special 18 master issues a showing a matter of rights a title a demurrer a brief briefs a 19 state a statute a statement in such proceedings a right a decision an 20 immediately determination a rights for First Fifth Eleventh and Fourteenth 21 Amendments. . . 22 23 (FAC at 3.) As such, the First Amended Complaint, like the Complaint, violates Rule 8 of the 24 Federal Rules of Civil Procedure and also is subject to dismissal for failure to state a claim 25 upon which relief can be granted. See FED. R. CIV. P. 8; United States ex rel. Cafasso, 637 26 F.3d at 1059. Nevertheless, in the interests of justice, the Court granted Plaintiffs one final 27 opportunity to, no later than March 26, 2020, file a viable pleading and either pay the filing 28 1 || fee or file a complete application to proceed in forma pauperis with the necessary 2 || documentation. (Dkt. No. 6.) 3 4 More than two months have now passed since the Court issued its February 11, 2020 5 || notification, and more than three weeks have passed since Plaintiff's March 26, 2020 deadline 6 || for paying the filing fee or filing a request to proceed without prepayment of the fee. To date, 7 || Plaintiff has neither paid the filing fee nor requested to proceed in forma pauperis. In light of 8 || the foregoing, IT IS HEREBY ORDERED AND ADJUDGED that this action is DISMISSED. 9 10 |} DATED: April 22, 2020 i Afrg: He Ve

D GEORGE H. WU UNITED STATES DISTRICT JUDGE

14 Is Presented by: 16 17 | Pyaeen L: eens 19 KAREN L. STEVENSON UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28

Reference

Status
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