Shabazz v. The United States of America
- Laura Swain
- 1:23-cv-10546
- U.S. District Court · Southern District of New York
- 2
In Shabazz v. United States, Judge Swain dismissed the complaint without prejudice after Shabazz neither paid filing fees nor submitted an IFP application.
Danny Amen Anderson Valentine Shabazz’s complaint was dismissed without prejudice, while the United States of America and Barack Obama were defendants in the dismissed action. Permission to appeal without paying fees was also denied.
What happened
In Shabazz v. United States, the court ordered the plaintiff to submit an application to proceed without paying filing fees or pay the $405 filing fee. The plaintiff did neither.
The court also noted that it could not mail its earlier order because the complaint did not include the plaintiff’s address, and the plaintiff had not provided one or contacted the court again.
Judge Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. She also denied the plaintiff permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Shabazz v. The United States of America · No. 1:23-cv-10546
- Laura Swain
- Feb. 14, 2024
Background
Danny Amen Anderson Valentine Shabazz filed a complaint against the United States of America and Barack Obama. The court had previously ordered Shabazz, within thirty days, either to submit a completed application to proceed without paying the filing fee or to pay the $405 required to file a civil action. The order warned that failure to comply would result in dismissal.
The opinion states that Shabazz did not submit the application or pay the fee. It also states that the court could not mail the earlier order because the complaint did not include Shabazz’s address. Shabazz did not provide an address or have further contact with the court about the matter.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court directed the Clerk of Court to enter judgment. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying the appellate filing fees. The opinion does not address the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.