Hines v. NHL
- Laura Swain
- 1:23-cv-02206
- U.S. District Court · Southern District of New York
- 1
Hines v. NHL: Chief Judge Swain dismissed the action without prejudice because Hines filed without required court permission.
Dashon Hines, whose action was dismissed without prejudice because he did not obtain the court permission required before filing a new case without paying filing fees.
What happened
In Hines v. NHL, Dashon Hines filed a new case without a lawyer and requested permission to proceed without paying filing fees. An earlier court order required him to obtain permission before filing any new case under that procedure, but he had not done so.
The court dismissed the action without prejudice because Hines failed to comply with the earlier order. The opinion does not decide the underlying claims. The court also directed the Clerk of Court to enter judgment.
Chief Judge Laura Taylor Swain certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
The detailed version
- Hines v. NHL · No. 1:23-cv-02206
- Laura Swain
- Mar. 20, 2023
Background
Dashon Hines filed this new case without a lawyer and requested permission to proceed without paying filing fees. The court had previously barred Hines from filing any new case using that procedure unless he first obtained permission from the court, based on his abuse of that privilege. The opinion states that Hines did not seek the required permission before filing this action.
Ruling
Under 28 U.S.C. § 1651, the court dismissed the action without prejudice because Hines failed to comply with the earlier filing restriction. The court did not address the merits of the claims. It directed the Clerk of Court to enter judgment.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for purposes of an appeal. Chief Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.