Hurt v. American Heritage College Dictionary

Filing 2

ORDER RE: PRE-FILING REVIEW OF COMPLAINT. Signed by Judge William H. Orrick on 06/21/2022. (jmd, COURT STAFF) (Filed on 6/21/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

TYRONE HURT,
Plaintiff,

8
9
10

United States District Court
Northern District of California

11

Case No. 22-mc-80150-WHO
ORDER RE: PRE-FILING REVIEW OF
COMPLAINT

v.
AMERICAN HERITAGE COLLEGE
DICTIONARY,

Order also to be filed in C 12-4187-EMC

Defendant.

12
13

In an order filed January 11, 2013, the Hon. Edward M. Chen of this Court declared

14

plaintiff Tyrone Hurt a vexatious litigant. Hurt v. All Sweepstakes Contests, C 12-4187 EMC,

15

Docket No. 18. Pursuant to that order, the Clerk of this Court may not file or accept any further

16

complaints filed by or on behalf of plaintiff, and if plaintiff wishes to file a complaint, the Duty

17

Judge must review the complaint to determine whether it should be accepted for filing.

18

On June 14, 2022, plaintiff sought to file a new complaint in this Court. As the Duty

19

Judge, I have reviewed the complaint to determine whether it should be accepted for filing. I

20

conclude that the new complaint suffers from the same types of factual and legal deficiencies

21

as the previous frivolous lawsuits that led to the declaration of plaintiff as a vexatious litigant. As

22

best I can determine from Hunt’s handwritten and somewhat illegible complaint, he seeks to

23

eliminate, eradicate, and abolish various symbols of racism in the United States including the

24

Statue of Liberty and “monuments building,” that are in violation of the United States Constitution

25

and human rights. The complaint contains citations to various statutes, the United States

26

Constitution, the American Heritage College Dictionary, and seeks $1 trillion in damages based on

27

alleged violations of the Constitution.

28

Under 28 U.S.C. § 1915(e), I determine that Hunt’s current complaint is frivolous and fails

1

to state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(i)-(iii). It also falls

2

squarely within the scope of Judge Chen’s Order declaring Hunt a vexatious litigant. The request

3

to proceed in forma pauperis is DENIED. The Clerk is directed not to accept the new complaint

4

for filing and to close this miscellaneous case.

5
6

IT IS SO ORDERED.
Dated: June 21, 2022

7
8
William H. Orrick
United States District Judge

9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2