Jiang v. New York Police Department

Background

Ziyao Jiang filed 16 civil actions in the Southern District of New York between April 27 and May 9, 2025. The court had allowed him to proceed without paying filing fees in each case. On May 9, 2025, the court dismissed the actions for failure to state a claim and as frivolous. It also noted that Jiang had previously filed more than 65 cases in the Eastern District of New York and had been warned there that continued frivolous and abusive filings could lead to a filing injunction.

The court denied Jiang permission to amend his pleadings because it found amendment would be futile. It then ordered him to explain why he should not be barred from filing future civil actions without paying filing fees unless he first received the court's permission. Jiang filed a declaration and multiple responses in the affected cases. The court reviewed those submissions and found that, although they referred to different details, their assertions were substantially similar and did not explain why the filing restriction should not be imposed.

Ruling

The court issued the filing bar under 28 U.S.C. § 1651. Effective May 9, 2025, Jiang is barred from filing future civil actions without paying filing fees in this court unless he first obtains leave from the court. Any request for permission must be filed with the Pro Se Intake Unit and must include the proposed complaint and a copy of the bar order. The court stated that an action filed without following this procedure will be dismissed for failure to comply with the order.

The court also warned that continued frivolous submissions could result in additional sanctions, including monetary penalties. It directed the clerk to terminate all pending motions and enter civil judgments dismissing the 16 listed cases. Finally, the court certified that any appeal would not be taken in good faith and denied Jiang permission to appeal without paying filing fees. Judge Laura Taylor Swain signed the order.