Jimenez v. Dept. of Justice
- Laura Swain
- 1:22-cv-04779
- U.S. District Court · Southern District of New York
- 2
In Jose Sanchez Jimenez v. Dept of Justice, Judge Swain dismissed the action without prejudice after finding it was filed by Young Yil Jo in another person’s name.
The order directly affected the action filed in Jose Sanchez Jimenez’s name and Young Yil Jo, whose existing filing restrictions remained in effect.
What happened
Jose Sanchez Jimenez v. Dept of Justice was filed as a self-represented action, but the court found that Young Yil Jo had actually filed it in Jimenez’s name.
The court dismissed the action without prejudice to any future civil action Jimenez might bring. It also said Jo’s existing filing restrictions remained in effect, including a ban on filing new actions without court permission and on filing documents in another person’s name.
Judge Laura Taylor Swain certified that an appeal would not be taken in good faith and denied permission to appeal without paying court fees. The court warned that further filings by Jo in other people’s names could lead to additional restrictions or sanctions.
The detailed version
- Jimenez v. Dept. of Justice · No. 1:22-cv-04779
- Laura Swain
- June 9, 2022
Background
The court received this self-represented action on June 9, 2022, purportedly brought by Jose Sanchez Jimenez. The court found that the action was actually filed by Young Yil Jo.
The opinion states that, in a prior related proceeding, the court had barred Jo from filing documents in the court in another person’s name. It had also barred Jo from filing any new civil action or proceeding in that court without first obtaining permission.
Ruling
Because the court found that Jo had filed the action in Jimenez’s name, it dismissed the action without prejudice to any civil action Jimenez might wish to bring in the future. “Without prejudice” means the dismissal did not bar Jimenez from bringing a future action.
The court stated that Jo’s existing filing injunctions remained in effect. It also stated that it would continue to dismiss actions Jo filed in other people’s names, without prejudice to actions those people might later bring themselves. The court warned that additional restrictions and sanctions could be imposed if Jo continued this conduct.
Appeal and Service
Judge Laura Taylor Swain 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 was directed to mail the order to Jo and to Jose Sanchez Jimenez and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.