Hurt v. U.S. Constitution
- Laura Swain
- 1:22-cv-04380
- U.S. District Court · Southern District of New York
- 2
In Hurt v. U.S. Constitution, Judge Swain dismissed the case without prejudice because Hurt did not obtain required permission to file without paying fees.
Tyrone Hurt’s case was dismissed without prejudice because he did not obtain the permission required by an earlier order before filing without paying the filing fees. The order also denied him permission to appeal without paying fees.
What happened
Tyrone Hurt brought Hurt v. U.S. Constitution without a lawyer. He had not asked to proceed without paying filing fees and had not paid the fees, so the court treated him as seeking that permission.
The court noted that Hurt had previously been barred from filing new cases without paying fees unless he first obtained permission from the court. Hurt had not requested that permission for this case.
Judge Laura Taylor Swain dismissed the case without prejudice for violating the earlier filing restriction. She also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying fees.
The detailed version
- Hurt v. U.S. Constitution · No. 1:22-cv-04380
- Laura Swain
- May 27, 2022
Background
Tyrone Hurt brought this action without a lawyer against the U.S. Constitution, The American Heritage College Dictionary, Mr. Carl Tuckerson, and the United States of America. He had neither paid the filing fees nor submitted a request to proceed without paying them. The court therefore treated the filing as an implied request to proceed without payment under the court’s filing-fee procedures.
The court stated that, in an earlier related proceeding, Hurt had been barred from filing any new action without paying the filing fees unless he first obtained permission from the court. The opinion states that Hurt had not sought that permission before filing this action.
Ruling
The court dismissed the action without prejudice because Hurt failed to comply with the earlier court order. The order did not decide the substance of Hurt’s claims. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying the appellate filing fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.