Jimenez v. Dept. of Justice
- Laura Swain
- 1:22-cv-03735
- U.S. District Court · Southern District of New York
- 2
Jimenez v. Dept of Justice: Judge Swain dismissed the action without prejudice after finding Young Yil Jo filed it in another person’s name.
The action identified as brought by Jose Sanchez Jimenez was dismissed, while Young Yil Jo remains subject to the court’s filing restrictions; the order also affects any future action Jimenez may wish to bring.
What happened
In Jimenez v. Dept of Justice, the court received an action identified as being brought by Jose Sanchez Jimenez but found that Young Yil Jo had actually filed it. The opinion does not describe the underlying claims.
The court noted that Jo had previously been barred from filing documents in another person’s name and from starting a new civil case without first obtaining permission. It dismissed this action without prejudice to any case Jimenez may wish to bring in the future.
Judge Laura Taylor Swain kept those filing restrictions in effect, warned that additional restrictions or sanctions could follow, and denied permission to appeal without paying fees because the appeal would not be taken in good faith.
The detailed version
- Jimenez v. Dept. of Justice · No. 1:22-cv-03735
- Laura Swain
- May 12, 2022
Background
The court received this pro se action on May 6, 2022. Although the action was purportedly brought by Jose Sanchez Jimenez, the court found that Young Yil Jo had actually filed it.
The court referred to filing restrictions imposed on Jo in a prior related proceeding. Those restrictions barred Jo from filing documents in the court in another person’s name and from filing a new civil action or proceeding without first obtaining the court’s permission.
Disposition
The court dismissed the action without prejudice to any civil action that Jose Sanchez Jimenez may wish to bring in the future. The opinion does not reach or decide the merits of any underlying claim.
Continuing restrictions and appeal
The court stated that Jo remains barred from filing documents in the court in another person’s name and from filing a new civil action or proceeding without first obtaining leave of the court. It warned that continued filings in other people’s names could lead to additional restrictions and sanctions.
The court certified that any 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 to the address listed for Jimenez in this action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.