Jiang v. Central Government of P.R. China
- Laura Swain
- 1:25-cv-04237
- U.S. District Court · Southern District of New York
- 2
In Jiang v. Central Government, Judge Swain dismissed Jiang’s action without prejudice because he did not obtain required permission to proceed without filing fees.
Ziyao Jiang’s action was dismissed without prejudice; his motion to freeze assets was terminated, and permission to proceed without paying filing fees on appeal was denied. The opinion does not decide the underlying claims against the defendants.
What happened
Jiang v. Central Government of P.R. China was filed by Ziyao Jiang without a lawyer on May 15, 2025. A court order barred Jiang from filing new actions without paying filing fees unless he first obtained permission from the court.
Jiang sought to proceed without paying filing fees but did not file the required request for permission. The order also addressed Jiang’s motion to freeze assets.
Judge Swain dismissed the action without prejudice for failing to follow the earlier order. The court terminated the asset-freeze motion, denied permission to proceed without filing fees on appeal, and directed the clerk to enter judgment.
The detailed version
- Jiang v. Central Government of P.R. China · No. 1:25-cv-04237
- Laura Swain
- June 24, 2025
Background
Ziyao Jiang filed this action without a lawyer on May 15, 2025. The opinion states that an earlier order barred Jiang from filing any new action without paying filing fees unless he first obtained permission from the court. That bar became effective May 9, 2025. The June 9 order also required Jiang to attach a copy of that order to any request to file an action without paying fees.
Reason for Dismissal
Jiang sought permission to proceed without paying filing fees in this action but did not file the required motion asking for leave to bring the case. The court therefore found that Jiang failed to comply with the June 9 order. The opinion does not address the underlying claims against the named defendants.
Ruling
The court dismissed the action without prejudice for failure to comply with the June 9 order. It directed the clerk to terminate Jiang’s motion to freeze assets, filed at ECF 6. The court also certified that any appeal would not be taken in good faith and denied Jiang permission to proceed without paying filing fees for an appeal. Finally, it directed the clerk to enter judgment. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.