Turner v. Automobili Lamborghini America
- Laura Swain
- 1:23-cv-08646
- U.S. District Court · Southern District of New York
- 3
In Turner v. Automobili Lamborghini America, Judge Swain ordered Terrance Turner to explain why a prior filing bar should not block his fee-free case.
Terrance Turner, this action, and other qualifying actions he filed in the Southern District of New York seeking to proceed without paying the filing fee.
What happened
In Turner v. Automobili Lamborghini America, Terrance Turner filed the case without a lawyer and asked to proceed without paying the filing fee. A Texas federal court had previously barred him from filing new cases without paying the fee in any federal court unless he first obtained permission.
The Southern District of New York said this case appeared to fall within that earlier order because Turner filed it after the Texas bar took effect and had not obtained the required permission. The court gave him 30 days to submit a written explanation showing why the bar should not apply.
Judge Laura Taylor Swain did not dismiss the case in this order. She stated that the court would dismiss it if Turner failed to submit the explanation on time or if his explanation did not provide sufficient reason to avoid applying the bar. The court also denied fee-free status for any appeal from the order.
The detailed version
- Turner v. Automobili Lamborghini America · No. 1:23-cv-08646
- Laura Swain
- Oct. 20, 2023
Background
Terrance Turner filed this action without a lawyer and requested permission to proceed without paying the filing fee. The opinion states that the complaint names 15 defendants, including federal agencies, and asserts claims concerning the alleged theft of a 2020 Lamborghini Urus. The opinion also states that Turner presented himself as an attorney for “Service Zero Professional Services” and described a person named Reginald Glover as an alleged victim.
Before Turner filed this action, the U.S. District Court for the Northern District of Texas entered an order barring him from filing future actions without paying the filing fee in that court or any other federal court unless he first obtained permission from the court. The Texas court stated that cases filed without the required fee would not be reviewed. The Southern District of New York noted that Turner filed five new actions in that district on October 2, 2023, including this case.
Order to Show Cause
The court determined that this case appeared to fall within the scope of the Texas filing bar because Turner filed it after May 11, 2023, requested fee-free status, and had not obtained the permission required by the Texas order. An order to show cause gives a party an opportunity to explain why the court should not take a proposed action.
The court directed Turner to submit a written declaration within 30 days explaining why the Texas order should not bar him from filing this action without paying the filing fee and without prior permission. The court stated that the same bar could apply to other qualifying actions Turner filed in the Southern District of New York.
Disposition
The court did not dismiss the action in this order. It stated that it would dismiss the action if Turner failed to submit the declaration within the allowed time or if the declaration did not provide sufficient reason not to apply the filing bar. The court also certified that an appeal from the order would not be taken in good faith and denied fee-free status for an appeal.
Judge Laura Taylor Swain therefore issued an order requiring Turner to show cause; the opinion does not state a final disposition of the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.