Hurt v. Trump
- Laura Swain
- 1:22-cv-04357
- U.S. District Court · Southern District of New York
- 1
In Hurt v. Trump, Judge Swain dismissed Tyrone Hurt’s action without prejudice because he had not obtained required permission to file it without paying fees.
Tyrone Hurt, who filed the action without a lawyer, and the defendants named in the case.
What happened
In Hurt v. Trump, Tyrone Hurt filed a new civil case without a lawyer and asked to proceed without paying filing fees. The opinion does not describe the underlying claims.
A 2013 order had barred Hurt from filing any new civil action in this court without paying fees unless he first obtained the court’s permission. Hurt had not asked for that permission before filing this case.
Judge Laura Taylor Swain dismissed the action without prejudice because Hurt did not comply with the earlier order. The court also found 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. Trump · No. 1:22-cv-04357
- Laura Swain
- May 31, 2022
Background
Tyrone Hurt filed this civil action without a lawyer and requested permission to proceed without paying the filing fee. The caption names the defendants as “FORMER PRESIDENT OF THE UNITED STATES, DONALD J. TRUMP, et al.” The opinion does not explain the claims underlying the action.
In an earlier order dated October 11, 2013, the court barred Hurt from filing any new civil action in that court without paying the filing fee unless he first obtained permission from the court. Hurt did not seek that permission before filing this case.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. § 1651 because Hurt failed to comply with the earlier order. The opinion does not reach the merits of Hurt’s claims. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied Hurt permission to proceed without paying the filing fee for an appeal. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.