Yil Jo v. Dept. of Justice
- Laura Swain
- 1:22-cv-07699
- U.S. District Court · Southern District of New York
- 2
In Young Yil Jo v. Dept. of Justice, Judge Swain dismissed the case without prejudice for violating a prior filing order.
Young Yil Jo and his ability to file new civil actions or proceedings in the Southern District of New York, as well as documents in another person's name.
What happened
Young Yil Jo filed this case without a lawyer, but a 2015 order barred him from filing new cases without paying the filing fee or first getting court permission.
Because he did not pay the required $402 fee, the court treated him as asking to proceed without paying. He had not requested the required permission, so the court dismissed the case without prejudice.
Judge Laura Taylor Swain also continued the filing restrictions, entered judgment, and denied permission to appeal without paying fees after finding that any appeal would not be taken in good faith.
The detailed version
- Yil Jo v. Dept. of Justice · No. 1:22-cv-07699
- Laura Swain
- Sept. 13, 2022
Background
The opinion states that, on May 6, 2015, Young Yil Jo was barred from filing any new action without paying the required filing fees unless he first obtained permission from the court. On September 7, 2022, he filed this new case without a lawyer. Because he had not paid the $402 filing fee, the court assumed he was seeking permission to proceed without paying fees, commonly called proceeding in forma pauperis. He did not ask the court for the required permission to file.
Ruling
The court dismissed the action without prejudice because Young Yil Jo did not comply with the May 6, 2015 order. The court stated that the filing restrictions from the earlier proceeding remained in effect. It enjoined him from filing any new civil action or proceeding in the Southern District of New York without first obtaining the court's permission, and it stated that he remained barred from filing any document in that court in another person's name.
Chief United States District Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. She 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 fees. The opinion does not address the underlying merits of any claim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.