Jo v. Dept. of Justice
- Laura Swain
- 1:22-cv-06672
- U.S. District Court · Southern District of New York
- 2
In Jo v. Dept. of Justice, Judge Swain dismissed the case without prejudice because Jo did not obtain required permission before filing without paying the filing fee.
Young Yil Jo’s case was dismissed without prejudice, and the court’s filing restrictions on Jo remained in effect. The Department of Justice was the named defendant.
What happened
In Young Yil Jo v. Dept. of Justice, Young Yil Jo filed a new case without a lawyer on August 4, 2022. A 2015 order barred Jo from filing a new case without paying the required fees or first obtaining court permission.
Jo did not pay the $402 filing fee or ask for permission. The court therefore dismissed the action without prejudice for violating the 2015 order. The court also stated that Jo remains barred from filing new civil actions or proceedings in that court without permission and from filing documents there in another person’s name.
Chief Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. She also ruled that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
The detailed version
- Jo v. Dept. of Justice · No. 1:22-cv-06672
- Laura Swain
- Aug. 9, 2022
Background
On May 6, 2015, the court barred Young Yil Jo from filing any new action without paying the filing fee unless Jo first obtained permission from the court. On August 4, 2022, Jo filed this new case without a lawyer. Because Jo did not pay the $402 filing fee, the court assumed Jo was seeking permission to proceed without paying the fee, commonly called proceeding in forma pauperis. Jo had not asked for the required permission.
Ruling
The court dismissed the action without prejudice because Jo failed to comply with the May 6, 2015 order. The court stated that the filing restrictions from the earlier proceeding remain in effect: Jo may not file a new civil action or proceeding in the Southern District of New York without first obtaining the court’s permission, and Jo may not file any document in that court in another person’s name.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to proceed without paying fees for an appeal and directed the Clerk of Court to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.