Zawadzki v. Dept. of Justice
- Laura Swain
- 1:22-cv-01068
- U.S. District Court · Southern District of New York
- 2
In Zawadzki v. Dept. of Justice, Judge Swain dismissed the action without prejudice after finding Young Yil Jo filed it in Zawadzki’s name.
The action filed in Kryst Zawadzki’s name was dismissed, while Young Yil Jo remained subject to restrictions barring him from filing new proceedings without permission or filing documents in another person’s name.
What happened
Zawadzki v. Dept. of Justice was filed as a pro se case in the name of Kryst Zawadzki, but the court found that Young Yil Jo had filed it. The court noted that Jo had previously filed lawsuits using Zawadzki’s name.
The court dismissed the action without prejudice to any case Kryst Zawadzki might bring in the future. The court also reminded Jo that he could not file a new case or any document in someone else’s name without first getting the court’s permission. It warned that further filings could lead to additional restrictions or sanctions.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The clerk was directed to mail the order to Jo and Zawadzki.
The detailed version
- Zawadzki v. Dept. of Justice · No. 1:22-cv-01068
- Laura Swain
- Feb. 10, 2022
Background
The action was received as a pro se filing—one submitted without a lawyer—in the name of Kryst Zawadzki. The court found that the submission was actually filed by Young Yil Jo. The opinion cited court records showing that Jo had filed multiple lawsuits in Zawadzki’s name. It also noted that Jo had previously 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
Because the court found that Jo filed the action, it dismissed the action without prejudice to any civil action that Kryst Zawadzki might wish to bring in the future. The court did not decide the merits of any underlying claim.
The court stated that Jo remained enjoined from filing a new civil action or proceeding in that court without permission and remained barred from filing any document in the court in another person’s name. The court said it would continue to dismiss actions or proceedings Jo filed in another person’s name, without prejudice to that person’s possible future action. It also warned that continued filings could result in additional restrictions and sanctions.
Other Order
The court certified that any appeal would not be taken in good faith and denied permission to appeal without paying the required fees. The clerk was directed to mail the order to Jo at his address of record and to the address listed for Zawadzki on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.