Almaleh v. US Attorney Office of the Southern District of NY

Background

Issak Almaleh and Antoaneta Iotova proceeded without lawyers and sued the Office of the United States Attorney for the Southern District of New York, along with current and former United States Attorneys and assistant United States Attorneys who had represented or were representing the Government in the plaintiffs’ pending criminal matter before District Judge Edgardo Ramos. The plaintiffs alleged corruption and fraud. They sought an “acquittal,” dismissal of the indictment, disbarment of the defendants, and $10 million in damages.

The court had previously allowed the plaintiffs to proceed without prepaying filing fees. The opinion also noted that, on February 28, 2018, former District Judge Katherine B. Forrest had barred the plaintiffs from filing lawsuits against any lawyer, court officer, or judicial officer connected to their criminal proceedings while those proceedings were pending. That earlier order stated that any further lawsuits of that kind would be summarily dismissed.

Reason for Dismissal

The court found that the plaintiffs’ criminal proceedings were still pending and that this lawsuit fell within the scope of Judge Forrest’s earlier filing restriction because it targeted prosecutors connected to those proceedings. The court therefore dismissed the action under the earlier order without reaching the plaintiffs’ corruption and fraud allegations or their requested relief.

Disposition

Chief Judge Laura Taylor Swain dismissed the complaint without prejudice. The court terminated all other pending matters, directed the Clerk of Court to close the action, and directed entry of judgment. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied the plaintiffs permission to appeal without prepaying fees. The opinion states that the dismissal was without prejudice, but it does not explain what filing, if any, would be permitted while the criminal proceedings remain pending.