Hurt v. United States
- Laura Swain
- 1:21-cv-10781
- U.S. District Court · Southern District of New York
- 1
In Hurt v. United States, Judge Swain denied Hurt leave to file because he violated an earlier filing restriction.
Tyrone Hurt, whose new action was denied permission to be filed because he did not comply with an earlier filing restriction; the United States was named as the defendant.
What happened
In Hurt v. United States, Tyrone Hurt filed a new lawsuit without paying the filing fee, submitting an application to proceed without paying fees, or asking for permission to file. An earlier court order had required him to obtain permission before filing any new fee-free lawsuit.
The court denied Hurt permission to file this action because he did not follow that earlier order. The court also ruled that an appeal would not be considered filed without fees because it would not be taken in good faith.
Chief Judge Laura Taylor Swain directed the Clerk of Court to mail Hurt a copy of the order and record service on the docket. The order did not address the underlying claims.
The detailed version
- Hurt v. United States · No. 1:21-cv-10781
- Laura Swain
- Jan. 7, 2022
Background
On October 11, 2013, the court barred Tyrone Hurt from filing any new action without paying fees unless he first obtained the court's permission. In this case, Hurt filed a new action without paying the filing fees, submitting an application to proceed without paying fees, or seeking permission to file.
Ruling
Because Hurt did not comply with the earlier filing restriction, the court denied him leave to file this action. The order does not discuss the merits of the claims against the United States.
Appeal and Service
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied fee-free status for an appeal. The Clerk of Court was directed to mail Hurt a copy of the order and note service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.