Zawadzki v. Dept. of Justice

Background

The court received an action purportedly brought by Kryst Zawadzki. The opinion states that court records showed Young Yil Jo filed the submission. The court also referred to earlier related proceedings in which it had noted that Jo filed multiple lawsuits in Zawadzki’s name.

The opinion further states that, in an earlier proceeding, the court barred Jo 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 this action, it dismissed the action without prejudice to any civil action Zawadzki might wish to bring in the future. The court stated that Jo’s existing restrictions remained in effect. Jo was also barred from filing any document in the court in another person’s name.

The court stated that it would continue to dismiss cases Jo filed in another person’s name without prejudice to that person’s ability to bring a case. It warned that continued filings could lead to additional restrictions and sanctions under 28 U.S.C. § 1651. The order did not address the merits of any underlying claim.

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 court fees. The Clerk of Court was directed to mail the order to Jo and Zawadzki at the addresses listed in the opinion or on the docket.

Judge Laura Taylor Swain signed the order. The final disposition was: “The Court dismisses this action without prejudice to any civil action that Kryst Zawadzki may wish to bring in the future.”