Hurt v. N.R.A. and its affiliates
- Laura Swain
- 1:22-cv-04356
- U.S. District Court · Southern District of New York
- 2
In Hurt v. N.R.A., Judge Swain dismissed the action without prejudice because Hurt did not obtain required permission to proceed without fees.
Tyrone Hurt's action against N.R.A. and its affiliates was dismissed without prejudice; the court also denied permission to proceed without fees for an appeal.
What happened
Tyrone Hurt filed this action without a lawyer and did not pay the filing fees or submit a request to proceed without paying them. The court therefore treated the filing as a request to proceed without fees.
The court said Hurt had previously been barred from filing a new action without paying fees unless he first obtained permission from the court. Because Hurt had not sought that permission, the court dismissed this action without prejudice for violating the earlier order.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied Hurt permission to proceed without paying fees on appeal.
The detailed version
- Hurt v. N.R.A. and its affiliates · No. 1:22-cv-04356
- Laura Swain
- May 27, 2022
Background
Tyrone Hurt brought the action without a lawyer. He neither paid the filing fees nor filed a request to proceed without paying them. The court therefore assumed that he was seeking permission to proceed without fees.
The opinion states that, in an earlier proceeding, Hurt had been barred from filing any new action without paying fees unless he first obtained permission from the court. The earlier order was dated October 11, 2013.
Ruling
The court dismissed the action without prejudice because Hurt had not sought the permission required by the earlier order. The dismissal was based on his failure to comply with that order, not on a decision about the underlying claims against N.R.A. and its affiliates.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to proceed without fees for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.