Shabazz v. Shami
- Laura Swain
- 1:25-cv-04385
- U.S. District Court · Southern District of New York
- 1
In Shabazz v. Shami, Judge Swain dismissed the action without prejudice because Shabazz neither paid filing fees nor submitted a request to proceed without paying them.
Danny Amen Shabazz and the action he filed against Ghazi Shami and the other named defendants.
What happened
In Shabazz v. Shami, the court had ordered Danny Amen Shabazz to either pay the required filing fees or submit a completed request to proceed without paying them.
Shabazz did neither within the thirty-day period set by the court. The opinion does not describe the claims in the complaint.
Judge Laura Taylor Swain dismissed the action without prejudice for failure to pay the fees or submit the required request. The court also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Shabazz v. Shami · No. 1:25-cv-04385
- Laura Swain
- July 30, 2025
Background
The court had previously directed Plaintiff Danny Amen Shabazz, within thirty days, to either pay the $405.00 filing fee for a civil action or submit a completed application to proceed without paying court fees. The earlier order warned that failing to do so would result in dismissal of the complaint.
Court’s ruling
Shabazz did not submit the application or pay the filing fee. The court therefore dismissed the action without prejudice for failure to pay the required fees or submit the application. A dismissal without prejudice does not itself bar refiling, although the opinion does not discuss any requirements for a future filing.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying fees. The court directed the Clerk of Court to enter judgment. The opinion does not address the substance of the complaint’s claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.