Zawadzki v. Dept. of Justice
- Laura Swain
- 1:22-cv-02857
- U.S. District Court · Southern District of New York
- 2
In Zawadzki v. Dept. of Justice, Chief Judge Swain dismissed the action without prejudice because Young Yil Jo—not Zawadzki—filed it.
Kryst Zawadzki’s purported action was dismissed without prejudice, leaving open any future civil action Zawadzki may wish to bring. Young Yil Jo remains subject to filing restrictions and may not file a new civil action or proceeding without the court’s permission or file documents in another person’s name.
What happened
In Zawadzki v. Dept. of Justice, the court found that the action was filed by Young Yil Jo, even though it was brought in Kryst Zawadzki’s name. The court relied on court records and earlier orders concerning Jo’s filing of lawsuits in other people’s names.
The court dismissed the action without prejudice to any civil action Kryst Zawadzki may bring in the future. It also stated that Jo remains barred from filing documents in another person’s name and from filing a new civil action or proceeding without first obtaining the court’s permission.
Chief Judge Laura Taylor Swain also denied permission to appeal without paying filing fees, finding that an appeal would not be taken in good faith. The court warned that further filings in other people’s names could lead to additional restrictions and sanctions.
The detailed version
- Zawadzki v. Dept. of Justice · No. 1:22-cv-02857
- Laura Swain
- May 6, 2022
Background
The court received this purportedly pro se action on April 7, 2022, in the name of Kryst Zawadzki. The court stated that its records showed the action was actually filed by Young Yil Jo. The opinion also referred to earlier proceedings in which the court noted that Jo had filed multiple lawsuits in Zawadzki’s name.
The court stated that it had previously barred Jo from filing any document in the court in another person’s name. It had also barred Jo from filing any new civil action or proceeding in the court without first obtaining leave of the court.
Ruling
Because the court found that Jo filed this action, it dismissed the action without prejudice to any civil action that Kryst Zawadzki may wish to bring in the future. The court stated that Jo’s existing filing restrictions remain in effect and that it would continue to dismiss actions Jo files in another person’s name without prejudice to that person’s possible future action.
The court warned that continued filings in the names of other people could result in additional restrictions and sanctions. It also certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The Clerk of Court was directed to mail the order to Jo and to the address for Zawadzki listed on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.