Shabazz v. Diggs
- Laura Swain
- 1:24-cv-06643
- U.S. District Court · Southern District of New York
- 1
In Shabazz v. Diggs, Judge Swain granted Shabazz’s withdrawal request, voluntarily dismissed the complaint, and denied him permission to appeal without paying fees.
Danny Amen Valentine Shabazz’s lawsuit was voluntarily dismissed at his request. Robert Diggs and the other defendants were affected by the dismissal. Shabazz was also denied permission to appeal without paying court fees.
What happened
In Shabazz v. Diggs, Danny Amen Valentine Shabazz asked the court to withdraw his lawsuit on March 31, 2025.
The court granted the request and voluntarily dismissed the complaint under Federal Rule of Civil Procedure 41(a). It also ruled that any appeal would not be taken in good faith and denied Shabazz permission to appeal without paying court fees.
Chief Judge Laura Taylor Swain issued the order on May 12, 2025.
The detailed version
- Shabazz v. Diggs · No. 1:24-cv-06643
- Laura Swain
- May 12, 2025
Background
Danny Amen Valentine Shabazz filed a motion on March 31, 2025, asking to withdraw this action. The opinion does not describe the claims in the complaint.
Ruling
The court granted Shabazz’s request to withdraw the action. It voluntarily dismissed the complaint under Federal Rule of Civil Procedure 41(a), the rule governing voluntary dismissal of civil actions.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. As a result, the court denied Shabazz permission to appeal without paying the required court fees. The order does not state that the dismissal was with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.