Rivera v. Otis Bantum Correctional Center
- Laura Swain
- 1:24-cv-09622
- U.S. District Court · Southern District of New York
- 2
In Rivera v. Otis Bantum Correctional Facility, Judge Swain dismissed Rivera’s complaint without prejudice after he neither paid fees nor submitted required forms.
Carlos Rivera’s complaint was dismissed without prejudice because he did not pay the filing fees or submit the required forms. The court also denied fee-free status for an appeal. The opinion does not state whether Rivera was represented by a lawyer.
What happened
In Rivera v. Otis Bantum Correctional Facility, Carlos Rivera was ordered to submit forms requesting permission to proceed without paying the filing fee and authorizing deductions from a prisoner account, or to pay the required fees. The order warned that failing to comply would result in dismissal.
The court received notice that its order was undeliverable. Rivera did not submit the required forms, pay the fees, or otherwise contact the court.
Judge Laura Taylor Swain dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied permission to appeal without paying fees and directed the clerk to enter judgment.
The detailed version
- Rivera v. Otis Bantum Correctional Center · No. 1:24-cv-09622
- Laura Swain
- Jan. 27, 2025
Background
The court’s December 18, 2024 order directed Carlos Rivera, 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 filing fees. The order stated that failing to comply would result in dismissal of the complaint.
On January 15, 2025, the court received notice from the U.S. Postal Service that the December 18 order could not be delivered. Rivera had not submitted the application or prisoner authorization, paid the fees, or otherwise communicated with the court. The opinion does not describe the underlying claims.
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 an appeal would not be taken in good faith and denied permission to appeal without paying fees. The clerk was directed to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.