Sabet v. Advisory Committee on Rules of Civil Procedures
- Laura Swain
- 1:22-cv-02441
- U.S. District Court · Southern District of New York
- 2
In Sabet v. Advisory Committee on Rules of Civil Procedures, Judge Swain dismissed Sabet’s action without prejudice for filing without required court permission.
Samuel A. Sabet’s action was dismissed without prejudice, his pending motions were terminated, and he was denied permission to proceed without prepaying fees for an appeal. The opinion does not state any separate merits ruling affecting the defendants.
What happened
In Sabet v. Advisory Committee on Rules of Civil Procedures, Samuel A. Sabet filed a new lawsuit without a lawyer and asked to proceed without paying the filing fee. A 2008 judgment had barred him from filing new actions in the Southern District of New York without first obtaining permission from the court.
Sabet had not obtained that permission before filing this case. The court therefore dismissed the action without prejudice because he did not comply with the earlier judgment. The court also terminated all pending motions.
Judge Laura Taylor Swain ruled that any appeal would not be taken in good faith and denied Sabet permission to proceed without paying the filing fee for an appeal.
The detailed version
- Sabet v. Advisory Committee on Rules of Civil Procedures · No. 1:22-cv-02441
- Laura Swain
- Mar. 28, 2022
Background
Samuel A. Sabet filed this action without a lawyer against the Advisory Committee on Rules of Civil Procedures and Scott Myers, Esq. He asked to proceed without paying the filing fee, a status commonly called proceeding without prepaying fees.
The opinion states that, on January 31, 2008, the court had barred Sabet from filing any new actions in the Southern District of New York unless he first obtained permission from the court. The opinion also states that Sabet did not seek that permission before filing this action.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. § 1651 for failure to comply with the January 31, 2008, judgment. The opinion does not decide the underlying claims against the defendants. All pending motions were terminated.
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 Sabet permission to proceed without prepaying fees for an appeal. 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.