Shabazz v. Diggs
- Laura Swain
- 1:23-cv-09864
- U.S. District Court · Southern District of New York
- 2
In Shabazz v. Diggs, Judge Swain dismissed the action without prejudice for a missing signature and denied fee-free appeal status.
The dismissal ended Danny Amen Valentine Shabazz's action without prejudice. His request concerning communication portals was denied as moot, and he was denied fee-free status for any appeal.
What happened
Danny Amen Valentine Shabazz brought this action against Robert Rza Diggs and other respondents. The court had ordered Shabazz to submit a complaint signature page bearing an original signature within 30 days.
Shabazz did not submit the signed page. The court also noted that he had asked to shut down all communication portals, but it denied that request as moot because the action was being dismissed.
The court dismissed the action without prejudice under Federal Rule of Civil Procedure 11(a) and directed the clerk to enter judgment. Judge Laura Taylor Swain also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Shabazz v. Diggs · No. 1:23-cv-09864
- Laura Swain
- Jan. 16, 2024
Background
Danny Amen Valentine Shabazz was the petitioner, and Robert Rza Diggs and other respondents were named in the action. On November 8, 2023, the court ordered Shabazz to resubmit the complaint's signature page with an original signature within 30 days. The order warned that failing to comply would result in dismissal.
Court's Reasoning
Shabazz did not submit a signed signature page. Relying on Federal Rule of Civil Procedure 11(a), which requires a filed pleading to bear the required signature, the court dismissed the action. The opinion does not explain the underlying claims or address their merits.
Shabazz had also filed a letter asking that “all communication portals be shut[]down immediately.” The court denied that request as moot because it was dismissing the action.
Disposition
The court dismissed the action without prejudice. It directed the clerk to enter judgment for the reasons stated in the order. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.