Almaleh v. Spilke

Background

Issak Almaleh and Antoaneta Iotova, who were proceeding without lawyers, sued Ezra Spilke, Guy Oksenhendler, Susan Marcus, and Thomas Nooter. The defendants were representing Almaleh and Iotova as criminal defense attorneys in a pending criminal matter before Judge Edgardo Ramos of the Southern District of New York. The plaintiffs alleged malpractice, criminal fraud, and conspiracy to commit fraud.

The court had previously allowed the plaintiffs to proceed without prepaying filing fees. The opinion states that, on February 28, 2018, a former judge issued an order barring Almaleh and Iotova from filing lawsuits against counsel, court officers, or judicial officers connected to their criminal proceedings while those proceedings were pending. That order stated that any further such lawsuits would be summarily dismissed. The court also noted that the plaintiffs had been convicted following a jury trial and were scheduled for sentencing on October 6, 2022.

Reason for dismissal

The court concluded that this lawsuit fell within the scope of the earlier filing bar because it targeted attorneys connected to the plaintiffs’ criminal proceedings and those proceedings remained pending. The court dismissed the action under that earlier order. It did not decide whether the malpractice, fraud, or conspiracy allegations were legally or factually valid.

Disposition

The court dismissed the plaintiffs’ complaint, terminated all other pending matters, and directed the clerk to close the action. Chief Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.