Shabazz v. Diggs

Background

The court previously dismissed Danny Amen Valentine Shabazz’s action without prejudice because he failed to submit a signed signature page for his complaint. The court later denied what it understood to be three attempts to seek relief from that dismissal under Rule 60(b) of the Federal Rules of Civil Procedure. It also denied Shabazz’s requests for counsel, including a request for pro bono counsel.

The court had limited future filings in the action to documents directed to the United States Court of Appeals for the Second Circuit and warned that it could require Shabazz to show cause—give a sufficient reason—why he should not be barred from filing further documents. The court later ordered him to submit a declaration explaining why a filing injunction should not be imposed. After granting one additional 30-day extension, the court stated that no further extensions would be granted.

Current Filing and Ruling

Shabazz filed a letter on May 11, 2025. The court determined that the letter did not show cause why the filing injunction should not be imposed. Under 28 U.S.C. § 1651, the court therefore barred Shabazz from filing any further documents in this action without first obtaining leave of court.

To seek permission, Shabazz must attach the proposed filing and a copy of the bar order to a motion submitted to the court’s Pro Se Intake Unit. If he files a document without first requesting permission, the court will ignore it. The court also warned that continued frivolous or otherwise nonmeritorious filings may lead to additional sanctions, including monetary penalties.

The court certified that any appeal from the order would not be taken in good faith and denied filing-fee assistance for an appeal. The opinion does not address the merits of the underlying action.