Azzarmi v. Doe Officers 1-10
- Laura Swain
- 1:23-cv-03620
- U.S. District Court · Southern District of New York
- 3
Aasir Azzarmi v. Federal Government: Judge Swain barred future fee-free filings here without permission and denied fee-free appeal status.
Aasir Azzarmi is barred from filing future civil actions without paying the filing fee in the Southern District of New York unless he first obtains the court’s permission and follows the order’s submission requirements.
What happened
In Aasir Azzarmi v. Federal Government, the court considered whether to restrict Aasir Azzarmi’s ability to file future civil cases without paying filing fees in this court. The court had previously dismissed this action as duplicative and lacking merit, and had warned Azzarmi about possible filing restrictions.
The court cited Azzarmi’s history of repeated and allegedly frivolous litigation, including a filing restriction imposed by another court. Azzarmi was given 30 days to explain why a restriction should not issue, but his response did not address the filing restriction.
Judge Laura Taylor Swain barred Azzarmi from filing future civil actions without paying filing fees in this court unless he first obtains permission. He must submit the proposed complaint and this order with any request for permission. The court also warned of possible additional sanctions, directed the Clerk to close the action and enter judgment, and denied fee-free status for any appeal.
The detailed version
- Azzarmi v. Doe Officers 1-10 · No. 1:23-cv-03620
- Laura Swain
- Oct. 13, 2023
Background
Aasir Azzarmi filed this action without a lawyer. In an earlier order, the court dismissed the action as duplicative and lacking in merit. The court also stated that Azzarmi had a history of vexatious litigation, was subject to a filing injunction in another court, and had been warned that this court might impose a filing injunction if he continued filing frivolous lawsuits in this district.
The court ordered Azzarmi to show cause—meaning to explain why the restriction should not be imposed—within 30 days. The proposed restriction would bar him from filing future civil actions without paying the filing fee unless he first obtained the court’s permission. Azzarmi filed a letter objecting to the dismissal, which the court addressed separately, but he did not address the proposed filing restriction.
Ruling
The court issued the bar order under 28 U.S.C. § 1651. It barred Azzarmi from filing future civil actions without paying the filing fee in this court unless he first obtains leave, or permission, from the court. Any request for permission must be filed with the Pro Se Intake Unit and must include a copy of the proposed complaint and a copy of the bar order.
If Azzarmi files a civil action seeking to proceed without paying the filing fee and does not first file a request for permission, the action will be dismissed for failure to comply with the order. The court also warned that continued submission of frivolous documents could result in additional sanctions, including monetary penalties.
The Clerk of Court was directed to close the action, terminate the motions, and enter judgment. The court certified that an appeal would not be taken in good faith and denied Azzarmi permission to pursue an appeal without paying the filing fee.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.