Benitez v. Neal
- Laura Swain
- 1:24-cv-02149
- U.S. District Court · Southern District of New York
- 2
Benitez v. Neal: Chief Judge Swain dismissed the complaint without prejudice after Benitez neither paid filing fees nor submitted required forms.
Alejandro Benitez’s complaint was dismissed without prejudice; the court also denied fee-free appeal status.
What happened
In Benitez v. Neal, Alejandro Benitez brought a complaint against Messiah Neal and Orange County Jail. The court’s opinion does not describe the underlying claims.
The court had ordered Benitez to submit forms requesting permission to proceed without paying the filing fee and authorizing deductions from a prisoner account, or to pay the $405 filing fees. The order was returned as undeliverable, and Benitez did neither.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the clerk to enter judgment. She also denied permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Benitez v. Neal · No. 1:24-cv-02149
- Laura Swain
- May 28, 2024
Background
The opinion concerns a complaint filed by Alejandro Benitez against Messiah Neal and Orange County Jail. The opinion does not explain the claims underlying the complaint.
Filing-fee requirement
On March 27, 2024, the court ordered Benitez, within 30 days, either to submit a completed application to proceed without paying the filing fee and a prisoner authorization form, or to pay the $405 required to file a civil action. The order warned that failure to comply would result in dismissal.
The court states that the order was returned as undeliverable on May 6, 2024. Benitez had not submitted the required application and authorization, paid the filing fees, or communicated further with the court. A footnote also cites the court’s standing order requiring self-represented litigants to report changes in address or electronic contact information.
Ruling
Chief United States District Judge Laura Taylor Swain dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal does not itself bar a later filing. The court directed the clerk to enter judgment.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.