Hurt v. VII Coalition et al

Filing 2

ORDER: On October 11, 2013, Plaintiff was barred from filing any new action in forma pauperis (IFP) without first obtaining leave to file from the Court. See Hurt v. D.C. Bd. of Parole, ECF 1:13-CV-5365, 3 (S.D.N.Y. Oct. 11, 2013), appeal dismissed, No. 13-4474 (2d Cir. Apr. 3, 2014). Plaintiff filed this new pro se action without paying the filing fees, submitting an IFP application, or seeking leave to file. Because Plaintiff failed to comply with the October 11, 2013 order in Hurt, ECF 1:13-CV-5365, 3, the Court denies Plaintiff leave to file this action. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Laura Taylor Swain on 4/26/21) (rdz) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
TYRONE HURT,
Plaintiff,
-against-

21-CV-3500 (LTS)

VII COALITION; THE AMERICAN
COLLEGE DICTIONARY; THE 10 CALLED
ONE; UNITED STATES OF AMERICA,

ORDER

Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
On October 11, 2013, Plaintiff was barred from filing any new action in forma pauperis
(IFP) without first obtaining leave to file from the Court. See Hurt v. D.C. Bd. of Parole, ECF
1:13-CV-5365, 3 (S.D.N.Y. Oct. 11, 2013), appeal dismissed, No. 13-4474 (2d Cir. Apr. 3, 2014).
Plaintiff filed this new pro se action without paying the filing fees, submitting an IFP application,
or seeking leave to file. Because Plaintiff failed to comply with the October 11, 2013 order in
Hurt, ECF 1:13-CV-5365, 3, the Court denies Plaintiff leave to file this action.
The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on
the docket.
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would
not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf.
Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates
good faith when he seeks review of a nonfrivolous issue).
Dated:

April 26, 2021
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge