Sabet v. FSMB
- Laura Swain
- 1:22-cv-03369
- U.S. District Court · Southern District of New York
- 1
In Sabet v. FSMB, Judge Swain dismissed Sabet’s case without prejudice for filing without required court permission and denied his request to appeal without paying filing fees.
Samuel Arthur Sabet’s case against FSMB, FDA, HHS, and NSF was dismissed without prejudice; the order also denied fee-free status for an appeal.
What happened
Sabet v. FSMB was a new case filed by Samuel Arthur Sabet against FSMB, FDA, HHS, and NSF. Sabet sought permission to proceed without paying filing fees.
A 2008 judgment barred Sabet from filing new cases unless he first obtained the court’s permission. He filed this case without requesting that permission.
The court therefore dismissed the action without prejudice. Judge Laura Taylor Swain also ruled that Sabet could not proceed without paying filing fees on an appeal and certified that any appeal would not be taken in good faith.
The detailed version
- Sabet v. FSMB · No. 1:22-cv-03369
- Laura Swain
- May 4, 2022
Background
Samuel Arthur Sabet filed a new case against FSMB, FDA, HHS, and NSF without a lawyer. He asked to proceed without paying the court’s filing fee.
A January 31, 2008, judgment had barred Sabet from filing any new actions unless he first obtained permission from the court. In this case, he did not seek that permission.
Ruling
The court dismissed the action without prejudice because Sabet failed to comply with the 2008 judgment. “Without prejudice” means the dismissal itself did not bar a later filing, although the opinion states that the prior judgment’s permission requirement still applied.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied Sabet permission to appeal without paying the filing fee.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.