Jiang v. ST. JUDE CHILDREN'S RESEARCH HOSPITAL
- Laura Swain
- 1:25-cv-03881
- U.S. District Court · Southern District of New York
- 5
In Jiang v. St. Jude, Judge Swain dismissed three frivolous complaints for failure to state claims and denied leave to amend.
Ziyao Jiang’s three cases were dismissed, and he was denied leave to amend. The order also applied an existing restriction requiring him to obtain court permission before filing a new action without paying the filing fee and warned of possible additional sanctions.
What happened
In Jiang v. St. Jude Children’s Research Hospital, Ziyao Jiang filed three similar complaints seeking money damages from different defendants. He alleged stalking, murder, robbery, fraud, harassment, and other misconduct, but did not identify a federal law or provide factual support for those allegations.
The court reviewed the complaints under the rules for people who cannot afford filing fees. It found that the complaints did not follow federal pleading rules, were frivolous, and did not state a claim within the court’s jurisdiction. The three cases were Jiang v. St. Jude Children’s Research Hospital, Jiang v. Berkheimer Tax Innovations, and Jiang v. Xiang Ning Clinic.
Judge Laura Taylor Swain dismissed all three complaints as frivolous and for failure to state a claim, denied leave to amend, and directed the clerk to enter civil judgments. The court also terminated pending motions, enforced an existing bar on new fee-free filings without prior permission, and denied fee-free appeal status.
The detailed version
- Jiang v. ST. JUDE CHILDREN'S RESEARCH HOSPITAL · No. 1:25-cv-03881
- Laura Swain
- June 15, 2025
Cases Addressed
This order addresses three cases filed by Ziyao Jiang: Jiang v. St. Jude Children’s Research Hospital, No. 25-CV-3881; Jiang v. Berkheimer Tax Innovations, No. 25-CV-3878; and Jiang v. Xiang Ning Clinic, No. 25-CV-3877. The court stated that Jiang was proceeding without a lawyer and without paying the filing fee. The complaints named different defendants but were substantially similar in other respects.
Allegations and Requested Relief
Jiang sought money damages, including $6 million in the St. Jude complaint. The complaints alleged that the defendants engaged in or were connected to conduct including stalking, murder, robbery, perjury, identity theft, fraud, harassment, and other misconduct. The complaints were one or two pages long and included photographs and lists of dates, times, locations, and vehicle license plates.
Court’s Analysis
The court applied 28 U.S.C. § 1915(e)(2)(B), which requires dismissal of a fee-free complaint that is frivolous, malicious, fails to state a legally sufficient claim, or seeks money from an immune defendant. The court also noted that it must dismiss a case when it lacks subject-matter jurisdiction, meaning authority to hear the dispute.
The court concluded that the complaints did not comply with federal pleading rules and were frivolous. It stated that Jiang cited no federal law, asserted no legally recognized cause of action, and alleged no facts suggesting claims within the court’s jurisdiction. The court also found that he named defendants without stating facts showing their personal involvement in violating federally protected rights. It said that Jiang provided no factual basis for his assertions that the defendants had harmed him.
Leave to Amend
The court denied leave to amend. Although courts generally give a self-represented plaintiff an opportunity to correct a defective complaint, the court found no indication that Jiang could state a plausible federal claim and concluded that the defects could not be cured by amendment.
Disposition and Additional Orders
The court dismissed all three complaints as frivolous and for failure to state a claim on which relief may be granted. It directed the clerk to terminate all pending motions and docket the order in each case. The order also stated that Jiang was barred from filing any new action without paying the filing fee unless he first obtained court permission, and warned that continued frivolous submissions could lead to additional sanctions, including monetary penalties.
The court certified that any appeal would not be taken in good faith and denied fee-free status for an appeal. It directed the clerk to enter civil judgment dismissing the complaints.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.