LAW.coLAW.co

In Re Kim Bok-Hee

2026-08-24

Summary

Holding. The court denied the plaintiff's application to proceed in forma pauperis and dismissed the complaint without prejudice for failure to comply with the Federal Rules of Civil Procedure and for lack of subject matter jurisdiction.

A pro se litigant filed a civil action in federal district court while seeking to proceed in forma pauperis (without paying filing fees). The plaintiff, appearing to reside in Korea, submitted an application lacking any information about her financial circumstances, making it impossible for the court to evaluate her eligibility for fee waiver status. The accompanying complaint was similarly deficient: it lacked a proper address as required by local rules, failed to identify any specific defendants, and consisted largely of the plaintiff's personal narrative, resume, goals, and prayers rather than a coherent legal claim.

The court found the complaint violated Federal Rule of Civil Procedure 8, which demands a short, plain statement of jurisdiction and the grounds for relief. The allegations were too confused and rambling to give any defendant adequate notice of a claim. Additionally, insofar as the plaintiff appeared to seek initiation of criminal charges, the court lacked jurisdiction to entertain such a request, as the decision to prosecute or investigate rests within the absolute discretion of the Executive Branch and is not subject to judicial review.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Adequacy of in forma pauperis application lacking financial disclosure
  • Compliance with Rule 8 pleading requirements in pro se litigation
  • Federal court jurisdiction over requests to compel criminal investigation or prosecution

Procedural posture

The court considered a pro se plaintiff's complaint and simultaneous application to proceed without paying filing fees.

Authorities cited

Opinion

majority opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

IN RE

KIM BOK-HEE, )

)

) Civil Action No. 1:26-cv-01561 (UNA)

)

)

)

)

)

MEMORANDUM OPINION

This matter is currently before the Court on consideration of Plaintiff’s pro se Complaint

(“Compl.”), ECF No. 1, and Application for Leave to Proceed in forma pauperis (“IFP App.”),

ECF No. 2. Upon review, for the reasons stated below. the Court denies Plaintiff’s IFP Application

and it dismisses this matter without prejudice.

At the outset, the Court denies Plaintiff’s IFP Application. The IFP Application does not

contain any information regarding Plaintiff’s financial circumstances. See generally IFP App.

Without this information, the Court is unable to assess Plaintiff’s ability––or inability––to submit

the filing fee for this matter. See 28 U.S.C. § 1915(a)(1).

The Complaint is equally deficient. Plaintiff, who appears to live in Korea but provides no

address, see IFP App. at 1, as required, see D.C. LCvR 5.1(c)(1), has apparently attempted to file

a criminal complaint, see Compl. Memorandum (“Memo”), ECF No. 1-1, at 1, and the intended

opposing parties, if any, are unspecified. The Complaint’s allegations are rambling and difficult

to discern. Plaintiff states that she intends to return “over 90% of” land that she owns “to the

American people” as “act of service.” See Compl. at 1. The remainder of the pleading consists of

Plaintiff’s personal history, resume, personal goals, prayers, and other anecdotes from Plaintiff’s life, see Memo at 2–5, 10–25, and unexplained exhibits that contravene D.C. Local Civil Rule

5.1(e), see id. at 31–46.

Pro se litigants must comply with the Federal and Local Rules of Civil Procedure, see

Jarrell v. Tisch, 656 F. Supp. 237, 239–40 (D.D.C. 1987), and here, the Complaint fails to comply

with Rule 8(a) of the Federal Rules of Civil Procedure, which requires a pleading to contain “(1)

a short and plain statement of the grounds for the court’s jurisdiction [and] (2) a short and plain

statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a); see

Ashcroft v. Iqbal, 556 U.S. 662, 678–79 (2009); Ciralsky v. CIA, 355 F.3d 661, 668–71 (D.C. Cir.

2004). The Rule 8 standard ensures that defendants receive fair notice of the claim being asserted

so that they can prepare a responsive answer and an adequate defense and determine whether the

doctrine of res judicata applies. Brown v. Califano, 75 F.R.D. 497, 498 (D.D.C. 1977). Notably,

“[a] confused and rambling narrative of charges and conclusions . . . does not comply with the

requirements of Rule 8.” Cheeks v. Fort Myer Constr. Corp., 71 F. Supp. 3d 163, 169 (D.D.C.

2014) (citation and internal quotation marks omitted).

Plaintiff’s Complaint falls squarely into this category. The allegations simply do not

provide adequate notice of a claim, or with a basis for this Court’s subject matter jurisdiction or

venue. Furthermore, insofar as Plaintiff seeks to institute a criminal case, she may not do so. A

federal court lacks jurisdiction to compel an investigation or criminal charges by any law

enforcement agency. See Otero v. U.S. Attorney General, 832 F.2d 141, 141–42 (11th Cir. 1987)

(per curiam); see also Jafree v. Barber, 689 F.2d 640, 643 (7th Cir. 1982). The Executive Branch

has absolute discretion to make such decisions, and they are not subject to judicial review. United

States v. Nixon, 418 U.S. 683, 693 (1974); see Shoshone–Bannock Tribes v. Reno, 56 F.3d 1476,

1480–81 (D.C. Cir. 1995); Powell v. Katzenbach, 359 F.2d 234, 234–35 (D.C. Cir. 1965); see also Heckler v. Chaney, 470 U.S. 821, 831 (1985) (“[A]n agency’s decision not to prosecute or enforce,

whether through civil or criminal process, is a decision generally committed to an agency's

absolute discretion.”).

For these reasons, this case is dismissed without prejudice. A separate Order accompanies

this Memorandum Opinion.

__________/s/_____________

Date: August 24, 2026 AMIT P. MEHTA

United States District Judge