Alimonte v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09637
- U.S. District Court · Southern District of New York
- 2
Alimonte v. Otis Bantum Correctional Facility: Judge Swain dismissed the complaint without prejudice because Alimonte neither paid fees nor filed required forms.
Anthony Alimonte’s complaint was dismissed without prejudice for failure to submit the required filing-fee forms, pay the filing fees, or communicate with the court. Permission to proceed without paying fees was also denied for an appeal.
What happened
In Anthony Alimonte v. Otis Bantum Correctional Facility, the court had ordered Alimonte to submit forms requesting permission to proceed without paying filing fees and authorizing deductions from a prisoner account, or to pay the required $405 in fees. The order warned that failing to comply would lead to dismissal.
The court received notice that the order mailed to Alimonte was undeliverable. Alimonte did not file the required forms, pay the fees, or otherwise contact the court.
The court dismissed the complaint without prejudice, meaning the dismissal itself does not bar refiling. Judge Laura Taylor Swain also denied permission to proceed without paying fees for any appeal and directed the clerk to enter judgment.
The detailed version
- Alimonte v. Otis Bantum Correctional Facility · No. 1:24-cv-09637
- Laura Swain
- Jan. 27, 2025
Background
On December 20, 2024, the court directed Anthony Alimonte to do one of two things within thirty days: submit a completed application to proceed without paying the filing fee and a prisoner authorization, or pay the $405 required to file a civil action. The court warned that failure to comply would result in dismissal of the complaint.
The court later received notice from the U.S. Postal Service that the court’s order, mailed on December 23, 2024, was undeliverable. The opinion states that Alimonte did not file the application or prisoner authorization, pay the fees, or otherwise communicate with the court.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the underlying claims in the complaint. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. It directed the clerk to enter judgment.
Effect
The dismissal was without prejudice. The opinion separately denied fee-free status for an appeal; it does not state any additional requirements or procedure for refiling the complaint.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.