Rushing v. George Washington University Hospital
- Laura Swain
- 1:22-cv-07707
- U.S. District Court · Southern District of New York
- 1
Rushing v. George Washington University Hospital was dismissed without prejudice because Judge Swain found Rushing had not obtained required filing permission.
Shaun Akindo Alexander Rushing’s case was dismissed without prejudice, and he was denied permission to proceed without paying the filing fee on appeal; the underlying claims against George Washington University Hospital were not decided.
What happened
In Rushing v. George Washington University Hospital, Shaun Rushing 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 fee-free cases without first getting court permission.
Rushing had not asked for that permission, so the court dismissed the case without prejudice for failing to follow the earlier order. The court also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
Chief Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. The opinion does not address the underlying claims against George Washington University Hospital.
The detailed version
- Rushing v. George Washington University Hospital · No. 1:22-cv-07707
- Laura Swain
- Sept. 9, 2022
Background
On January 3, 2022, the court had barred Shaun Rushing from filing any new action without paying the filing fee unless he first obtained permission from the court. In this case, Rushing proceeded without a lawyer and sought permission to proceed without paying the filing fee, but he did not request the required permission to file the action.
Ruling
The court dismissed the action without prejudice because Rushing failed to comply with the January 3, 2022 order. The opinion does not decide the merits of Rushing’s claims against George Washington University Hospital.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore denied permission to proceed without paying the filing fee for an appeal. Chief Judge Laura Taylor Swain directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.