Cabreja v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09639
- U.S. District Court · Southern District of New York
- 2
In Cabreja v. Otis Bantum Correctional Facility, Judge Swain dismissed the complaint without prejudice because required forms or fees were not provided.
Ivan Cabreja's complaint was dismissed without prejudice after he did not submit the required fee-waiver and prisoner-authorization documents or pay the filing fee; permission to appeal without paying fees was also denied.
What happened
In Cabreja v. Otis Bantum Correctional Facility, the court ordered Ivan Cabreja to submit forms requesting permission to proceed without paying filing fees and authorizing deductions from a prisoner account, or to pay the required $405 fee.
The order was returned as undeliverable, and Cabreja did not submit the forms, pay the fee, or otherwise contact the court. The court therefore dismissed the complaint without prejudice, meaning it was not permanently barred on this basis.
Judge Laura Taylor Swain also denied permission to appeal without paying fees, ruling that any appeal would not be taken in good faith. The clerk was directed to enter judgment.
The detailed version
- Cabreja v. Otis Bantum Correctional Facility · No. 1:24-cv-09639
- Laura Swain
- Jan. 27, 2025
Background
On December 19, 2024, the court directed Ivan Cabreja to submit a completed application to proceed without paying filing fees and a prisoner authorization, or to pay the $405 filing fee required to bring a civil action in the court. The order warned that failing to comply would result in dismissal of the complaint.
On January 13, 2025, the court received notice from the U.S. Postal Service that the December 19 order could not be delivered. The opinion states that Cabreja did not submit the required application or authorization, pay the fee, or otherwise communicate 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 an appeal would not be taken in good faith and denied permission to appeal without paying the appellate filing fees. The court directed the clerk to enter judgment. Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.