Zawadzki v. Dept. of Justice
- Laura Swain
- 1:22-cv-03738
- U.S. District Court · Southern District of New York
- 2
In Zawadzki v. Dept. of Justice, Judge Swain dismissed the case without prejudice because Young Yil Jo filed it for someone else.
The dismissal directly affected the action filed in Kryst Zawadzki’s name and Young Yil Jo’s ability to file cases or documents in the Southern District of New York. Zawadzki remained free to bring a separate action in the future.
What happened
Zawadzki v. Dept. of Justice was submitted as a case brought by Kryst Zawadzki without a lawyer. The court found that Young Yil Jo had actually filed it, based on court records and related proceedings.
The court noted that Jo had already been barred from filing new cases in the Southern District of New York without first obtaining permission. Jo was also barred from filing documents in court under another person’s name.
Judge Laura Taylor Swain dismissed the case without prejudice to any case Zawadzki might bring in the future. The court also denied a waiver of filing fees for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Zawadzki v. Dept. of Justice · No. 1:22-cv-03738
- Laura Swain
- May 10, 2022
Background
The court received this action as one brought by Kryst Zawadzki without a lawyer. The court found that Young Yil Jo had filed the submission. It relied on court records from prior related proceedings stating that Jo had filed multiple lawsuits in Zawadzki’s name.
The opinion also stated 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.
Court’s ruling
Because the court found that Jo filed this action, it dismissed the action without prejudice to any civil action Kryst Zawadzki may wish to bring in the future. The court advised Jo that the earlier filing restrictions remained in effect. Jo was 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 stated that it would continue to dismiss proceedings Jo filed in another person’s name without prejudice to any case that person might wish to bring. It also warned that additional restrictions and sanctions could be imposed if Jo continued doing so. Judge Laura Taylor Swain certified that any appeal would not be taken in good faith and denied a waiver of filing fees for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.