Suh v. Dept. of Justice

Background

The court received a one-page handwritten complaint purportedly filed by Andrew Suh against the Department of Justice. The complaint referred to taxpayer damage, discrimination by a jury, a writ of attachment, garnishment, ownership, and damages of five million dollars, but the court quoted the allegations as difficult to understand. The submission was described as filed without a lawyer. Suh was incarcerated at Dixon Correctional Facility in Dixon, Illinois, and the envelope had a Los Angeles, California, postmark.

Why the Court Dismissed the Action

The court reviewed its records and found that Young Yil Jo had filed the action in Suh’s name. The court noted that Jo had filed hundreds of actions in his own name and in the names of other purported plaintiffs. It also described a recent action filed in another person’s name that used the same facts and handwriting as the complaint in this case. The court further noted that an unidentified person had previously filed an action in Suh’s name in another federal district, and that Suh had told that court the earlier complaint was filed without his knowledge or consent.

The court relied on earlier orders that barred Jo from filing new civil actions or proceedings in the Southern District of New York without first obtaining permission and barred him from filing documents in that court in another person’s name. The court stated that it would continue dismissing actions Jo filed in another person’s name, without prejudice to any action that person might later bring.

Disposition

The court dismissed this action without prejudice to any civil action Andrew Suh might wish to bring in the Southern District of New York in the future. “Without prejudice” means the dismissal did not prevent Suh from bringing his own action later. The court also advised Jo that his existing filing restrictions remained in effect and warned that continued violations could lead to additional restrictions and sanctions. Finally, the court certified that any appeal would not be taken in good faith and denied permission to appeal without paying court fees. The clerk was directed to mail the order to Suh and Jo and record service on the docket.