Nazer v. The State of Israel

Background

Izzat Nazer, who was incarcerated at the Vernon C. Bain Center and proceeded without a lawyer, sued five defendants: the State of Israel; Israel’s intelligence service, identified in the opinion as Mossad and sued in this case as “Massad”; the Federal Bureau of Investigation; the Central Intelligence Agency; and the Department of Homeland Security. The opinion states that Nazer had already filed a substantially similar complaint against the same five defendants in a pending case under docket number 23-CV-2875 (LTS).

Ruling

The court dismissed Nazer’s complaint without prejudice because it duplicated the claims in his pending case. The court stated that Nazer could supplement or change the allegations in the pending case, but had to do so within that action. The court did not decide the underlying claims against the defendants.

The court also directed the Clerk of Court not to charge Nazer the $350 filing fee for this action. Because the case was dismissed as duplicative, Nazer did not have to submit the prisoner authorization form previously requested, and funds were not to be deducted or encumbered from his prison trust account for this lawsuit.

Other Dispositions

Judge Laura Taylor Swain directed the Clerk to enter judgment. She certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.