Zawadzki v. Dept. of Justice
- Laura Swain
- 1:22-cv-00165
- U.S. District Court · Southern District of New York
- 2
In Zawadzki v. Dept. of Justice, Judge Swain dismissed the action without prejudice because Young Yil Jo filed it in Kryst Zawadzki’s name.
The action brought in Kryst Zawadzki’s name was dismissed without prejudice. Young Yil Jo remains subject to prior filing restrictions and cannot file new proceedings in the Southern District of New York without permission or file documents in another person’s name.
What happened
The case is Zawadzki v. Dept. of Justice. The court found that Young Yil Jo, rather than Kryst Zawadzki, had filed the action. Jo had previously been barred from filing new cases in the Southern District of New York without the court’s permission.
The court dismissed the action without prejudice to any case Kryst Zawadzki might bring in the future. The court also stated that Jo remains barred from filing new cases without permission and from filing documents in another person’s name. The court warned that additional restrictions or sanctions could follow if Jo continued this conduct.
Chief United States District Judge Laura Taylor Swain also denied permission to appeal without paying filing fees, finding that any appeal would not be taken in good faith. The dismissal does not prevent Kryst Zawadzki from bringing a future civil action.
The detailed version
- Zawadzki v. Dept. of Justice · No. 1:22-cv-00165
- Laura Swain
- Feb. 9, 2022
Background
The court received the purportedly pro se action on January 7, 2021. Court records showed that Young Yil Jo had filed the submission. The court also referred to a prior related proceeding stating that Jo had filed multiple lawsuits in Kryst Zawadzki’s name and that Jo had been barred from filing any new civil action or proceeding in the Southern District of New York without first obtaining the court’s permission.
Ruling
The court dismissed the action without prejudice to any civil action Kryst Zawadzki might wish to bring in the future. “Without prejudice” means that this dismissal does not bar Zawadzki from bringing a future action.
The court stated that the prior restrictions on Jo remain in effect. Jo is enjoined, meaning prohibited by court order, from filing a new civil action or proceeding in this court without first obtaining leave. Jo also remains barred from filing any document in the court in another person’s name. The court said it would continue to dismiss actions filed by Jo in another person’s name, without prejudice to any action that person might later bring, and warned that additional restrictions and sanctions could be imposed.
Appeal and Service
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying the filing fees. The Clerk of Court was directed to mail the order to Young Yil Jo and to Kryst Zawadzki and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.