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S.D.N.Y.Procedural orderFiled June 8, 2022

Lee v. Proland Management

Judge
Laura Swain
Docket
1:22-cv-04795
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Lee v. Proland Management, Judge Swain dismissed the action without prejudice because Young Yil Jo filed it in Kum Nam Lee’s name.

Who this affects

Kum Nam Lee’s purported case was dismissed without prejudice, while Young Yil Jo remains subject to court orders restricting his filings.

What happened

The case was filed as a pro se action in the name of Kum Nam Lee, but the court found that Young Yil Jo had actually filed it. Jo had previously been barred from filing documents in another person’s name and from starting new cases without court permission.

The court dismissed the action without prejudice to any future civil action Kum Nam Lee might bring. It also confirmed that Jo remains subject to those filing restrictions and warned that additional restrictions or sanctions could follow if he continues filing cases in other people’s names.

Judge Swain also denied permission to appeal without paying the filing costs, finding that any appeal would not be taken in good faith. The clerk was directed to mail the order to both Kum Nam Lee and Young Yil Jo.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Lee v. Proland Management · No. 1:22-cv-04795
Judge
Laura Swain
Date
June 8, 2022

Background

The court received an action identified as having been brought by Kum Nam Lee and described it as pro se, meaning without a lawyer. The court determined from court records that Young Yil Jo had actually filed the action. The opinion states that Jo had previously been barred from filing documents in the court in another person’s name. It also states that Jo had been barred from filing any new civil action or proceeding in the court without first obtaining the court’s permission.

Ruling

Because the court found that Jo filed the action in Lee’s name, it dismissed the action without prejudice to any civil action Lee may wish to bring in the future. The court stated that Jo’s earlier filing injunctions remain in effect: he may not file a new civil action or proceeding in the court without first obtaining permission, and he may not file a document in the court in another person’s name. The court further stated that it will continue to dismiss cases Jo files 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.

Appeal and service

Judge Laura Taylor Swain certified that an appeal would not be taken in good faith and denied permission to appeal without paying the appeal-related filing costs. The clerk was directed to mail the order to Kum Nam Lee and Young Yil Jo and record that service on the docket.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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