Hines v. NHL
- Laura Swain
- 1:22-cv-08061
- U.S. District Court · Southern District of New York
- 1
In Hines v. NHL, Chief Judge Swain dismissed Dashon Hines’s action without prejudice for filing without required leave.
The ruling directly affected Dashon Hines’s action against NHL; the action was dismissed without prejudice, and permission to proceed without paying fees on appeal was denied.
What happened
In Hines v. NHL, Dashon Hines filed a new case without a lawyer and asked to proceed without paying filing fees. A prior court order had barred him from filing new cases without paying fees unless he first obtained the court’s permission.
Hines did not ask for that permission before filing this case. The court dismissed the action without prejudice because he failed to comply with the earlier order.
Chief Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Hines permission to proceed without paying fees for an appeal. The court directed that judgment be entered.
The detailed version
- Hines v. NHL · No. 1:22-cv-08061
- Laura Swain
- Sept. 21, 2022
Background
Dashon Hines filed this action against NHL without a lawyer and sought permission to proceed without paying filing fees. In a prior related proceeding, the court had found that Hines abused the privilege of proceeding without paying fees and ordered that he could not file a new action without paying fees unless he first obtained the court’s permission.
Hines filed this new case shortly afterward but did not seek the required permission.
Ruling
The court dismissed the action without prejudice because Hines failed to comply with the earlier order. 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 proceed without paying fees for an appeal. Judgment was ordered to issue.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.