Hurt v. U.S. Constitution
- Laura Swain
- 1:22-cv-04346
- U.S. District Court · Southern District of New York
- 2
In Hurt v. U.S. Constitution, Judge Swain dismissed Tyrone Hurt’s case without prejudice for violating a prior filing restriction.
Tyrone Hurt’s action was dismissed without prejudice; the opinion does not describe any ruling on the defendants’ substantive liability.
What happened
Tyrone Hurt filed Hurt v. U.S. Constitution without paying the filing fee or asking to proceed without paying it. Because he was representing himself, the court treated the filing as an implied request to proceed without paying the fee.
A 2013 court order barred Hurt from filing any new case without paying the fee unless he first obtained permission from the court. Hurt did not request that permission before filing this case.
Judge Laura Taylor Swain dismissed the case without prejudice because Hurt did not comply with the earlier order. She also denied permission to appeal without paying the fee, certifying that an appeal would not be taken in good faith.
The detailed version
- Hurt v. U.S. Constitution · No. 1:22-cv-04346
- Laura Swain
- May 27, 2022
Background
Tyrone Hurt brought this action while representing himself. He neither paid the filing fees nor filed a request to proceed without paying them. The court therefore treated the filing as an implied request to proceed without paying the fees.
The court stated that, in a prior related proceeding, Hurt had been barred from filing any new action without paying the filing fee unless he first obtained permission from the court. The prior order was entered on October 11, 2013, in case No. 13-CV-5365. Hurt did not seek the required permission before filing this action.
Ruling
Applying 28 U.S.C. § 1651, the court dismissed the action without prejudice because Hurt failed to comply with the 2013 filing restriction. The opinion does not address the merits of Hurt’s claims against the defendants.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied Hurt permission to appeal without paying the filing fee.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.