Jimenez v. Dept. of Justice
- Laura Swain
- 1:22-cv-05766
- U.S. District Court · Southern District of New York
- 2
In Jimenez v. Dept. of Justice, Judge Swain dismissed the action without prejudice after finding Young Yil Jo filed it under another person’s name.
Jose Sanchez Jimenez’s purported action was dismissed without prejudice, while Young Yil Jo remained subject to restrictions against filing cases in another person’s name or filing new cases without court permission.
What happened
Jimenez v. Dept. of Justice was received as a case brought by Jose Sanchez Jimenez without a lawyer. The court found, however, that Young Yil Jo had actually filed it.
The court noted that Jo had previously been barred from filing documents in another person’s name and from filing new cases in the court without permission. It dismissed this action without prejudice to any case Jimenez might bring in the future.
Judge Laura Taylor Swain also reminded Jo that those filing restrictions remain in effect, denied permission to appeal without paying fees, and warned that additional restrictions or sanctions could follow if Jo continued filing cases in other people’s names.
The detailed version
- Jimenez v. Dept. of Justice · No. 1:22-cv-05766
- Laura Swain
- July 11, 2022
Background
The court received this pro se action—an action filed without a lawyer—on July 5, 2022, purportedly from Jose Sanchez Jimenez. The court found that the action was actually filed by Young Yil Jo.
Prior filing restrictions
The court stated that, in an earlier related proceeding, Jo had been barred from filing any document in the court in another person’s name. Jo had also been barred from filing a new civil action or proceeding in the court without first obtaining the court’s permission. The court said those restrictions remained in effect.
Ruling
The court dismissed the action without prejudice to any civil action Jose Sanchez Jimenez might wish to bring in the future. The court said it would continue dismissing cases Jo filed in another person’s name on that same basis. It also warned that continued filings could result in additional restrictions and sanctions. The court certified that an 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 Jimenez.
Judge Laura Taylor Swain signed the order as Chief United States District Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.