Rushing v. City MD
- Laura Swain
- 1:22-cv-07339
- U.S. District Court · Southern District of New York
- 1
Rushing v. City MD was dismissed without prejudice for failure to obtain required filing permission, Judge Swain ruled.
The dismissal directly affected Shaun Akindo Alexander Rushing's new action against City MD; the court did not reach the merits of his claims.
What happened
In Shaun Akindo Alexander Rushing v. City MD, the plaintiff filed a new case without a lawyer and asked to proceed without paying the filing fee. An earlier order had barred him from filing new cases that way without first getting court permission.
The plaintiff had not requested that permission before filing this case. The court therefore dismissed the action without prejudice because he did not comply with the earlier order.
Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. She also ruled that any appeal would not be taken in good faith and denied the plaintiff permission to appeal without paying the fee.
The detailed version
- Rushing v. City MD · No. 1:22-cv-07339
- Laura Swain
- Aug. 29, 2022
Background
The plaintiff filed this new case without a lawyer and requested permission to proceed without paying the filing fee. The opinion states that, in a prior related proceeding, the court had barred him from filing any new action in the Southern District of New York without first obtaining leave, or permission, from the court.
Reason for dismissal
The plaintiff had not requested permission before filing this case. The court dismissed the action without prejudice under 28 U.S.C. § 1651 because he failed to comply with the earlier order. A dismissal without prejudice does not itself bar refiling, although the opinion states that the earlier filing restriction remained applicable.
Ruling
Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying the filing fee for an appeal. The court did not decide the underlying merits of the plaintiff's claims against City MD.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.