Suh v. Dept. of Justice
- Laura Swain
- 1:22-cv-05775
- U.S. District Court · Southern District of New York
- 2
In Suh v. Dept. of Justice, Chief Judge Swain dismissed the action without prejudice and denied fee-free appeal status.
The order dismissed the action filed in Andrew Suh’s name while preserving filing restrictions against Young Yil Jo. It left Suh free to bring a civil action in the future, subject to any applicable requirements.
What happened
Suh v. Dept. of Justice involved an action filed in Andrew Suh’s name, although the court found that Young Yil Jo had actually filed it. The filing was described as made without a lawyer, and Suh was incarcerated in Illinois.
The court had previously barred Jo from filing documents in another person’s name and from starting a new civil case in that court without permission. The court therefore dismissed this action without prejudice, meaning Suh could bring a separate civil action in the future.
Chief Judge Laura Taylor Swain also said those filing restrictions against Jo remained in effect and denied permission to appeal without paying court fees, finding that any appeal would not be taken in good faith.
The detailed version
- Suh v. Dept. of Justice · No. 1:22-cv-05775
- Laura Swain
- July 18, 2022
Background
The court received an action purportedly brought by Andrew Suh. The opinion states that Suh was incarcerated in the Dixon Correctional Center in Dixon, Illinois. The court found that the action was actually filed by Young Yil Jo.
The court had previously issued two filing injunctions against Jo in an earlier related proceeding: one barred Jo from filing any document in the court in another person’s name, and the other barred Jo from filing a new civil action or proceeding in that court without first obtaining permission. The court also noted that it had previously recognized Jo as filing actions in Suh’s name.
Ruling
The court dismissed the action without prejudice to any civil action Andrew Suh might bring in the future. The court advised Jo that the existing filing injunctions remained in effect: Jo could not file a new civil action or proceeding in the court without first obtaining permission, and Jo could not file a document in the court in another person’s name.
The court warned that additional restrictions or sanctions could be imposed if Jo continued filing cases in other people’s names. It also 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. Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.