No v. Republic of Korea

Background

Jeong-Suk No filed this action without a lawyer. On February 10, 2020, the court dismissed the action as frivolous. The court also noted that No had filed numerous other cases that had been dismissed as frivolous. It ordered No to explain, within fourteen days and by written affirmation, why he should not be barred from filing future civil actions without paying the filing fee unless he first obtained the court’s permission.

No filed a response on February 24, 2020. The court concluded that the response did not make a sufficient argument against imposing the filing bar.

Ruling

The court barred No from filing future civil actions without paying the filing fee in the Southern District of New York unless he first obtained leave, meaning permission, from the court. The order relied on 28 U.S.C. § 1651. To seek permission, No must file a motion with the court’s Pro Se Intake Unit and attach both a copy of the proposed complaint and a copy of the order. If No files an action without first seeking permission, the court stated that it will dismiss the action for violating the order.

The court also warned that continued submission of frivolous documents could result in additional sanctions, including monetary penalties. The clerk was directed to close the action. Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal.