Abubala v. Otis Bantum Correctional Center
- Laura Swain
- 1:24-cv-09610
- U.S. District Court · Southern District of New York
- 2
In Abubala v. Otis Bantum Correctional Facility, Judge Swain dismissed the complaint without prejudice after Abubala neither submitted required forms nor paid filing fees.
Abdullah Abubala's complaint was dismissed without prejudice for failure to submit the required fee-waiver materials, prisoner authorization, or filing fees. His request to appeal without paying fees was also denied.
What happened
In Abdullah Abubala v. Otis Bantum Correctional Facility, et al., the court had ordered Abubala to submit an application to proceed without paying filing fees, a required prisoner authorization, or the filing fees themselves. The court warned that failing to comply would result in dismissal.
The court received notice that its order was undeliverable. Abubala did not submit the required documents, pay the fees, or otherwise contact the court. The court therefore dismissed the complaint without prejudice.
Judge Laura Taylor Swain also denied Abubala permission to appeal without paying fees, finding that an appeal would not be taken in good faith. She directed the Clerk of Court to enter judgment.
The detailed version
- Abubala v. Otis Bantum Correctional Center · No. 1:24-cv-09610
- Laura Swain
- Jan. 27, 2025
Background
On December 18, 2024, the court ordered Abdullah Abubala to do one of the following within 30 days: submit a completed application to proceed without paying the filing fee and a prisoner authorization, or pay the $405 filing fees required to bring a civil action in the court. The order stated that failure 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. Abubala had not submitted the application or 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 because Abubala did not comply with the filing-fee requirements. The opinion does not address the underlying claims or their merits.
The court 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.