Jiang v. BERKHEIMER TAX INNOVATIONS

Background

Ziyao Jiang represented himself and was proceeding without paying filing fees. The order addressed three complaints: 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 complaints were one to two pages long, included photographs and lists of dates, times, locations, and vehicle license plates, and sought money damages from private entities and individuals.

Jiang alleged that the defendants engaged in or were connected to conduct including stalking, murder, robbery, harassment, perjury, identity theft, and other misconduct. The order states that the complaints were substantially similar to other complaints Jiang had filed in the court. The court also noted that, in an earlier related proceeding, it had dismissed 16 complaints and later barred Jiang from filing new actions without paying fees unless he first obtained court permission.

Court’s analysis

When a person is allowed to proceed without paying filing fees, federal law requires dismissal of a complaint that is frivolous, fails to state a claim for relief, or seeks money from a defendant who is legally immune. The court must also dismiss a case when it lacks authority to hear the subject matter. Although courts read self-represented complaints liberally, the plaintiff still must provide facts supporting a legally recognized claim.

The court concluded that these complaints did not comply with federal pleading rules. Jiang cited no federal law and asserted no legally recognizable causes of action. His allegations also did not suggest claims within the court’s jurisdiction, and he did not identify facts showing that the defendants were personally involved in violating federally protected rights. The court said that strongly held beliefs are not facts and found that Jiang provided no factual basis for his assertions that the defendants had harmed him.

Rulings and effect

The court dismissed all three complaints as frivolous and for failure to state a claim on which relief may be granted. It denied leave to amend because the court found no indication that Jiang could state a plausible federal claim and concluded that the defects could not be cured by amendment.

The Clerk was directed to terminate all pending motions, docket the order in each case, and enter civil judgments dismissing the complaints. The order also noted that Jiang was barred from filing any new action without paying filing fees unless he obtained prior permission. The court warned that continued frivolous submissions could result in additional sanctions, including monetary penalties.

The court certified that an appeal would not be taken in good faith and denied Jiang fee-free status for purposes of an appeal. Judge Laura Taylor Swain signed the order.