Jiang v. Xiang Ning Clinic

Background

This order addresses three complaints 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 opinion states that Jiang was proceeding without a lawyer and without paying the filing fee. The complaints were one to two pages long and included photographs and lists of dates, times, locations, and vehicle license plates.

Jiang sought money damages from the defendants based on allegations of criminal acts and other misconduct, including stalking, murder, robbery, harassment, perjury, and identity theft. The opinion describes the St. Jude complaint as seeking $6 million, and states that the other two complaints made similar allegations against Berkheimer Tax Innovations and Xiang Ning Clinic.

Court’s Analysis

The court reviewed the complaints under the statute governing complaints filed without payment of filing fees. That statute requires dismissal when such a complaint is frivolous, fails to state a claim on which relief may be granted, or seeks money from an immune defendant. The court also noted that it must dismiss a complaint when it lacks authority to hear the subject matter.

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 offered allegations that did not suggest claims within the court’s jurisdiction. The complaints also named defendants without alleging facts showing their personal involvement in violating Jiang’s federally protected rights. The court further stated that Jiang provided no factual basis for his assertions that the defendants had harmed him.

Ruling and Effect

The court dismissed all three complaints as frivolous and for failure to state a claim on which relief may be granted. It declined to allow amendment because it found no indication that Jiang could state a plausible federal claim and concluded that the defects could not be cured by amendment. The Clerk of Court was directed to terminate all pending motions, docket the order in each case, and enter civil judgments dismissing the complaints.

The order also stated that Jiang was barred from filing a new case without paying the filing fee unless he first obtained court permission, pursuant to an earlier order. It warned that additional frivolous filings could lead to further sanctions, including monetary penalties. The court certified that an appeal would not be taken in good faith and denied fee-free status for an appeal.