Dadgostari v. Federal Bureau of Investigations
- Colleen McMahon
- 1:20-cv-07999
- U.S. District Court · Southern District of New York
- 1
In Dadgostari v. Federal Bureau of Investigations, Judge McMahon granted withdrawal, dismissed the complaint, denied counsel as moot, and denied fee-free appeal status.
Javad Dadgostari and the defendants named in the complaint; the ruling ended the action and denied fee-free status for any appeal.
What happened
In Dadgostari v. Federal Bureau of Investigations, Javad Dadgostari told the court that he wanted to withdraw his complaint against the Federal Bureau of Investigations and other defendants.
The court granted his request under Rule 41(a) of the Federal Rules of Civil Procedure and voluntarily dismissed the complaint. The court also denied his request for the court to seek counsel because it was no longer necessary.
Chief United States District Judge Colleen McMahon directed the Clerk of Court to mail the order to Dadgostari and record service. The court also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Dadgostari v. Federal Bureau of Investigations · No. 1:20-cv-07999
- Colleen McMahon
- Nov. 19, 2020
Background
Javad Dadgostari sued the Federal Bureau of Investigations, its contractors and affiliates, and other defendants. On October 13, 2020, the court received Dadgostari's letter stating that he wanted to withdraw the complaint. The same filing included an application asking the court to request counsel.
Rulings
The court granted Dadgostari's request to withdraw the action under Rule 41(a) of the Federal Rules of Civil Procedure. The complaint was voluntarily dismissed. The court denied the application requesting counsel as moot, meaning the request no longer required a ruling because the action was being withdrawn.
Appeal-related ruling and disposition
Chief United States District Judge Colleen McMahon directed the Clerk of Court to mail Dadgostari a copy of the order and note service on the docket. Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The opinion does not state whether the voluntary dismissal was with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.