Jimenez v. Dept. of Justice
- Laura Swain
- 1:22-cv-07685
- U.S. District Court · Southern District of New York
- 2
Jimenez v. Dept. of Justice was dismissed without prejudice because Judge Swain found Young Yil Jo filed it in another person’s name.
The action presented as Jose Sanchez Jimenez’s was dismissed without prejudice. Young Yil Jo remains subject to orders barring Jo from filing documents in another person’s name and from filing a new action or proceeding without court permission.
What happened
In Jimenez v. Dept. of Justice, the court received an action presented as filed by Jose Sanchez Jimenez without a lawyer. The court found 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 starting a new case without court permission. The court therefore dismissed this action without prejudice to any future case Jimenez might bring.
Judge Swain also confirmed that Jo remains subject to those filing restrictions, denied permission to appeal without paying fees, and directed the clerk to enter judgment.
The detailed version
- Jimenez v. Dept. of Justice · No. 1:22-cv-07685
- Laura Swain
- Sept. 13, 2022
Background
The court received this action on September 7, 2022. It was presented as a pro se action, meaning an action filed without a lawyer, by Jose Sanchez Jimenez. The court found that the action was actually filed by Young Yil Jo.
The opinion states that, in earlier proceedings, the court barred Jo from filing documents in the court in another person’s name. The court also barred Jo from filing any new civil action or proceeding in that court without first obtaining the court’s permission.
Ruling
Because the court found that Jo filed this action, it dismissed the action without prejudice to any civil action Jose Sanchez Jimenez might wish to bring in the future. “Without prejudice” means the dismissal itself does not bar Jimenez from bringing a future action.
The court stated that Jo’s existing filing injunctions remain in effect. Jo remains barred from filing a new civil action or proceeding in the court without first obtaining permission, and from filing any document in the court in another person’s name. The court warned that additional restrictions and sanctions could be imposed if Jo continued filing cases in other people’s names.
The court certified that any appeal would not be taken in good faith and denied permission to appeal without paying the filing fees. It directed the clerk to enter judgment. 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.