Hurt v. U.S. Constitution
- Laura Swain
- 1:22-cv-04395
- U.S. District Court · Southern District of New York
- 1
In Hurt v. U.S. Constitution, Judge Swain dismissed the action because Hurt did not obtain required permission to file without paying fees.
Tyrone Hurt, who filed the action without a lawyer and without paying the filing fee.
What happened
Hurt v. U.S. Constitution was filed by Tyrone Hurt without a lawyer and without paying the filing fee.
An earlier court order required Hurt to obtain permission before filing any new action without paying filing fees. Hurt filed this action without seeking that permission.
Judge Laura Taylor Swain dismissed the action without prejudice for violating the earlier order. She also denied fee-free status for an appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Hurt v. U.S. Constitution · No. 1:22-cv-04395
- Laura Swain
- May 27, 2022
Background
Tyrone Hurt filed this action without a lawyer and without paying the filing fee. An October 11, 2013, court order barred him from filing a new action without paying the fee unless he first obtained the court's permission.
Court's ruling
The court dismissed the action without prejudice because Hurt did not seek the required permission before filing. The court did not address the underlying issues in the action. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.