Suh v. Dept. of Justice

Background

The court received a purportedly self-represented action brought in Andrew Suh’s name. The opinion states that Suh was incarcerated in the Dixon Correctional Center in Illinois, but that the action was actually filed by Young Yil Jo. The court had previously ordered, in a prior related proceeding, No. 1:14-CV-7793 (S.D.N.Y.), that Jo could not file documents in this court in another person’s name and could not file a new civil action or proceeding without first obtaining the court’s permission.

The opinion also states that the court had previously recognized Jo as having brought other actions in Suh’s name. It does not describe the underlying claims in this action.

Ruling

The court dismissed this action without prejudice to any civil action Andrew Suh might wish to bring in the future. The dismissal was based on the court’s finding that Jo filed the action in Suh’s name, rather than on a decision about the underlying legal claims.

The court stated that Jo’s earlier filing injunctions remain in effect. Jo remains enjoined from filing any new civil action or proceeding in this court without first obtaining permission, and remains barred from filing any document in this court in another person’s name. The court warned that additional restrictions or sanctions could be imposed if Jo continued this conduct.

Appeal and Service

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore denied permission to appeal without paying filing fees. The clerk was directed to mail the order to Jo and to the address for Suh listed on the docket.