Jiang v. New York Police Department
- Laura Swain
- 1:25-cv-03517
- U.S. District Court · Southern District of New York
- 3
In re Ziyao Jiang: Chief Judge Swain barred further filings in 16 cases, except documents directed to the Second Circuit, and denied pending motions.
Ziyao Jiang is barred from filing documents in the 16 listed cases, except documents directed to the Second Circuit; the district court’s handling of his future filings is also restricted.
What happened
In re Ziyao Jiang involved 16 actions that the court had previously dismissed as frivolous or for failing to state a claim. The court had ordered Ziyao Jiang to explain why it should not restrict his ability to file new cases without prior permission.
After the court entered the bar order and closed the cases, Jiang continued filing documents, including motions for sanctions, protective orders, and arrest warrants. The court later gave him another opportunity to explain why it should not prohibit further filings in those cases, but concluded that his responses did not provide a reason to avoid the restriction.
Chief Judge Laura Taylor Swain denied all pending motions and applications, directed the Clerk of Court to terminate the cases, and barred Jiang from filing documents in them except documents directed to the Second Circuit. The court also denied him permission to appeal without paying the filing fee.
The detailed version
- Jiang v. New York Police Department · No. 1:25-cv-03517
- Laura Swain
- Aug. 25, 2025
Background
In an earlier order dated May 9, 2025, the court dismissed the 16 pro se actions as frivolous and for failure to state a claim. It directed Ziyao Jiang to show why the court should not bar him, under 28 U.S.C. § 1651, from filing new actions without paying the filing fee in that court unless he first obtained permission. The court reviewed Jiang’s responses and found that they did not explain why the restriction should not be imposed.
On June 11, 2025, the court issued the bar order, entered civil judgment, and closed the matters. Jiang then continued filing documents in the cases, including responses to the already-issued bar order, exhibits, and motions seeking sanctions, protective orders, and arrest warrants. On July 14, 2025, the court denied those motions and directed Jiang to submit a declaration within 30 days explaining why he should not be barred from filing further documents in the cases, except documents directed to the Second Circuit.
The opinion states that PACER records showed Jiang had filed more than 90 pro se civil actions and appeals in various federal courts, and that those matters had been dismissed for frivolousness, failure to state a claim, or failure to comply with court orders. The court concluded that Jiang’s continued filings showed he would not stop without a bar order and that he had failed to show cause against one.
Ruling
Chief United States District Judge Laura Taylor Swain denied all pending motions and applications in the listed cases and directed the Clerk of Court to terminate them. Under 28 U.S.C. § 1651, the court barred Jiang from filing documents in any of those cases, except documents directed to the Second Circuit.
The order states that if Jiang submits new documents for the attention of the district court, the court will review them but will not act on, and will terminate for statistical purposes, documents consistent with his pattern of vexatious and frivolous litigation. Documents directed to the Second Circuit will be brought to that court’s attention, and the district court will take no further action on them.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied Jiang permission to appeal without paying the filing fee.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.