Delacruz v. Otis Bantum Correctional Center
- Laura Swain
- 1:24-cv-09617
- U.S. District Court · Southern District of New York
- 2
In Delacruz v. Otis Bantum Correctional Facility, Judge Swain dismissed the complaint without prejudice because Delacruz neither paid filing fees nor submitted required forms.
Danny Delacruz’s complaint was dismissed without prejudice; the court did not reach the claims against the defendants.
What happened
In Delacruz v. Otis Bantum Correctional Facility, the court required Danny Delacruz to submit forms to proceed without paying the filing fee or to pay the $405 filing fee.
The court’s December 18, 2024 order warned that the complaint would be dismissed if Delacruz did not comply within thirty days. The order was returned as undeliverable, and Delacruz did not submit the required forms, pay the fees, or otherwise contact the court.
Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. She also denied Delacruz permission to proceed without paying fees on appeal, certifying that an appeal would not be taken in good faith.
The detailed version
- Delacruz v. Otis Bantum Correctional Center · No. 1:24-cv-09617
- Laura Swain
- Jan. 27, 2025
Background
By order dated December 18, 2024, the Court directed Danny Delacruz to submit a completed application to proceed without paying the filing fee and a prisoner authorization, or to pay the $405 in fees required to file a civil action. The order stated that failure to comply would result in dismissal of the complaint.
On January 7, 2025, the Court received notice from the United States Postal Service that the December 18 order was undeliverable. Delacruz had not submitted the required application or prisoner authorization, paid the filing fees, or otherwise communicated with the Court.
Ruling
The Court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The Court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The Court directed the Clerk of Court to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.