Rushing v. Municipal Credit Union
- Laura Swain
- 1:22-cv-07413
- U.S. District Court · Southern District of New York
- 1
In Rushing v. Municipal Credit Union, Judge Swain dismissed the case without prejudice because Rushing sought free filing status without required court permission.
Shaun Akindo Alexander Rushing, who filed the action without a lawyer and sought to proceed without paying the filing fee.
What happened
In Rushing v. Municipal Credit Union, Shaun Akindo Alexander Rushing filed a new case without a lawyer and asked to proceed without paying the filing fee. An earlier order barred him from filing new actions in this court without first getting permission, and he had not requested that permission.
The court dismissed the case without prejudice because Rushing did not follow the earlier order. The court also denied free filing status for an appeal after finding that any appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
Chief United States District Judge Laura Taylor Swain issued the order on September 1, 2022.
The detailed version
- Rushing v. Municipal Credit Union · No. 1:22-cv-07413
- Laura Swain
- Sept. 1, 2022
Background
On January 3, 2022, the court had barred Shaun Akindo Alexander Rushing from filing any new action in the Southern District of New York without paying the filing fee unless he first obtained the court’s permission. In this case, Rushing filed a new action without a lawyer, sought permission to proceed without paying the filing fee, and did not seek the required permission to file.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. § 1651 because Rushing failed to comply with the January 3, 2022 order. A dismissal without prejudice does not itself bar a later filing, but the opinion does not state what steps would be required for any future filing.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied permission to proceed without paying the filing fee for purposes of an appeal. The Clerk of Court was directed to enter judgment.
Disposition
The action was dismissed without prejudice. Permission to proceed without paying the filing fee on appeal was denied.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.