Hurt v. All Sweepstakes Contests

Filing 27

ORDER RE: PRE-FILING REVIEW OF COMPLAINT (No. C 13misc80054) (Illston, Susan) (Filed on 3/21/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 13-80054 MISC SI

TYRONE HURT,

ORDER RE: PRE-FILING REVIEW OF
COMPLAINT

Plaintiff,
v.

Order also to be filed in C 12-4187 EMC

HON. D. MICHAEL FISHER, UNITED
STATES COURT OF APPEALS, et al.,
Defendants.

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In an order filed January 11, 2013, Judge Chen of this Court declared plaintiff Tyrone Hurt a
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vexatious litigant. Hurt v. All Sweepstakes Contests, C 12-4187 EMC, Docket No. 18. Pursuant to that
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order, the Clerk of this Court may not file or accept any further complaints filed by or on behalf of
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plaintiff, and if plaintiff wishes to file a complaint, the Duty Judge must review the complaint to
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determine whether it should be accepted for filing.
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On March 11, 2013, plaintiff sought to file a new complaint in this Court. The undersigned is
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the Duty Judge, and has reviewed the complaint to determine whether it should be accepted for filing.
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The Court concludes that the new complaint suffers from the same types of factual and legal deficiencies
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as the previous frivolous lawsuits that led to the declaration of plaintiff as a vexatious litigant. In the
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new complaint, plaintiff has named as defendants Judge D. Michael Fisher of the United States Court
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of Appeals and the “United States Court of Appeals for the Eastern District of Pennsylvania.” Based
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upon material attached to the complaint, it appears that the Third Circuit has revoked Mr. Hurt’s in

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forma pauperis privileges due to his pattern of abusing that privilege – having filed over 100 frivolous

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appeals in 2012 alone. Accordingly, the Third Circuit has repeatedly stated that Mr. Hurt must pay the

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$455 filing fee for any future appeals, about which Mr. Hurt is apparently dissatisfied. The complaint

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contains citations to various statutes, the United States Constitution, Black’s Law Dictionary, and case

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law, and seeks $2 million in damages based on unspecified alleged violations of the Constitution.

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The new complaint is frivolous because, among other reasons,“[j]udges are immune from

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damage actions for judicial acts taken within the jurisdiction of their courts.” Ashelman v. Pope, 793

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F.2d 1072, 1075 (9th Cir. 1986). The Clerk is directed not to accept the new complaint for filing, and

United States District Court
For the Northern District of California

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shall close this miscellaneous case.

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IT IS SO ORDERED.

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Dated: March 21, 2013

SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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