Hurt v. National Museum and African-American History
- Laura Swain
- 1:22-cv-04355
- U.S. District Court · Southern District of New York
- 1
In Hurt v. National Museum and African-American History, Judge Swain dismissed Tyrone Hurt’s action without prejudice for violating a prior filing restriction and denied fee-waiver status for appeal.
Tyrone Hurt’s civil action was dismissed without prejudice because he did not obtain the permission required by an earlier filing restriction. The order also denied him permission to proceed without paying fees for an appeal. The court did not reach the claims against the defendants.
What happened
In Hurt v. National Museum and African-American History, Tyrone Hurt filed a new civil case without a lawyer and asked to proceed without paying filing fees. The opinion says he had previously been barred from filing new cases without paying fees in this court unless he first obtained permission.
Hurt had not requested that permission before filing this case. The court therefore dismissed the action because he did not comply with the earlier filing restriction. The opinion does not describe the underlying claims against the National Museum and African-American History or the other defendants.
The court dismissed the action without prejudice, meaning the order did not state that refiling was barred. Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Hurt permission to proceed without paying fees for an appeal.
The detailed version
- Hurt v. National Museum and African-American History · No. 1:22-cv-04355
- Laura Swain
- May 31, 2022
Background
Tyrone Hurt filed a new civil action in the Southern District of New York without a lawyer and sought permission to proceed without paying filing fees, commonly called in forma pauperis status. The court stated that, in an order dated October 11, 2013, Hurt had been barred from filing any new civil action without paying fees in that court unless he first obtained the court’s permission to file. The opinion cites that earlier proceeding as Hurt v. D.C. Board of Parole, ECF 1:13-CV-5365, 3 (S.D.N.Y. Oct. 11, 2013), and states that the appeal was dismissed.
Reason for dismissal
The court stated that Hurt had not sought the required permission before filing this case. It therefore dismissed the action under 28 U.S.C. § 1651 for failure to comply with the earlier court order. The opinion does not address the merits of Hurt’s claims against the National Museum and African-American History or the other defendants.
Ruling
The court dismissed the action without prejudice. The order also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Hurt permission to proceed without paying filing fees for an appeal. Judge Laura Taylor Swain signed the order as Chief United States District Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.