Suh v. Dept. of Justice
- Laura Swain
- 1:22-cv-01970
- U.S. District Court · Southern District of New York
- 3
In Suh v. Dept. of Justice, Judge Swain dismissed the unauthorized case without prejudice and denied appeal fee-waiver status.
Andrew Suh’s purported case was dismissed without prejudice. Young Yil Jo remains subject to restrictions barring him from filing new proceedings without permission and from filing documents in another person’s name in the Southern District of New York.
What happened
In Suh v. Dept. of Justice, a one-page handwritten complaint was filed in Andrew Suh’s name against the Department of Justice. The court determined that Young Yil Jo, rather than Suh, had filed it. The complaint alleged injury and sought damages, but the opinion does not describe a developed legal claim.
The court relied on Jo’s history of filing cases in other people’s names and on records showing that similar filings had been made for other purported plaintiffs. The court also noted that Suh had previously told another court that a case filed in his name was unauthorized. The court dismissed this action without prejudice to any case Suh might choose to bring in the future.
Judge Laura Taylor Swain also stated that Jo remains barred from filing new cases in the Southern District of New York without the court’s permission and from filing documents there in another person’s name. The court warned that additional restrictions or sanctions could follow, and denied fee-waiver status for any appeal because an appeal would not be taken in good faith.
The detailed version
- Suh v. Dept. of Justice · No. 1:22-cv-01970
- Laura Swain
- Mar. 10, 2022
Background
The court received a one-page handwritten complaint purportedly brought by Andrew Suh, who the opinion states was incarcerated at Dixon Correctional Facility in Illinois. The complaint named the Department of Justice as the defendant and alleged, in unclear terms, taxpayer damage, discrimination by a jury, attachment, garnishment, ownership, and injury. It sought to reduce damages to five million dollars. The envelope was postmarked in Los Angeles, California.
The court reviewed its records and concluded that the submission had been filed by Young Yil Jo, not by Suh. The court described Jo as having filed hundreds of actions in his own name and in the names of other purported plaintiffs. It cited a similar one-page handwritten complaint filed in another person’s name with the same allegations and handwriting. The court also reviewed records from another federal district court showing that an unidentified person had filed a case in Suh’s name and that Suh had informed that court that the filing was unauthorized.
Ruling
The court found that Jo had filed this action. It dismissed the action without prejudice to any civil action Andrew Suh might wish to bring in the Southern District of New York in the future. The order therefore did not decide the merits of the allegations against the Department of Justice.
The court stated that prior orders in a related proceeding remain in effect. Under those orders, Jo may not file a new civil action or proceeding in this court without first obtaining the court’s permission, and he may not file a document in this court in another person’s name. The court stated that it would continue dismissing cases Jo filed in another person’s name, without prejudice to that person’s ability to bring a future case, and warned that additional restrictions and sanctions could be imposed.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The clerk was directed to mail the order to Suh and Jo.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.