Ormsby v. Otis Bantum Correctional Center
- Laura Swain
- 1:24-cv-09606
- U.S. District Court · Southern District of New York
- 2
In Ormsby v. Otis Bantum Correctional Center, Judge Swain dismissed the complaint without prejudice because Ormsby did not pay fees or submit required forms.
Ryan Ormsby, whose complaint was dismissed without prejudice because he did not submit the required fee-waiver materials, prisoner authorization, or filing fees.
What happened
In Ormsby v. Otis Bantum Correctional Center, the court had ordered Ryan Ormsby to submit forms requesting permission to proceed without paying filing fees, provide prisoner authorization, or pay the $405 filing fees. The order gave him thirty days to comply and warned that the complaint would be dismissed if he did not.
The court received notice that its December 17, 2024 order could not be delivered. Ormsby did not submit the required forms, pay the fees, or otherwise contact the court.
The court dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. Judge Swain also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Ormsby v. Otis Bantum Correctional Center · No. 1:24-cv-09606
- Laura Swain
- Jan. 27, 2025
Background
On December 17, 2024, the court ordered Ryan Ormsby 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 court warned that failure to comply within thirty days would result in dismissal of the complaint.
On January 6, 2025, the court received notice from the United States Postal Service that the December 17 order was undeliverable. Ormsby had not submitted the required application or authorization, paid the 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 would not be taken in good faith and denied permission to appeal without paying fees. 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.