Rink v. Otis Bantum Correctional Center
- Laura Swain
- 1:24-cv-09667
- U.S. District Court · Southern District of New York
- 1
In Rink v. Otis Bantum Correctional Center, Judge Swain dismissed the complaint without prejudice because Rink neither paid filing fees nor submitted required forms.
Hason Rink's complaint was dismissed without prejudice for failure to submit the required filing-fee forms or pay the $405 filing fee. The court also denied fee-free appeal status.
What happened
In Hason Rink v. Otis Bantum Correctional Center, et al., the court had ordered Rink to submit forms requesting permission to proceed without paying filing fees, provide prisoner authorization, or pay the required $405 in fees.
Rink did none of those things within the required thirty days. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith, and directed the clerk to enter judgment.
The detailed version
- Rink v. Otis Bantum Correctional Center · No. 1:24-cv-09667
- Laura Swain
- Feb. 4, 2025
Background
By an order dated December 18, 2024, the court directed Plaintiff Hason Rink, within thirty days, to submit a completed application to proceed without paying filing fees and a prisoner authorization, or to pay the $405 required to file a civil action. The order warned that failure to comply would result in dismissal of the complaint.
Court’s Ruling
Rink did not submit the required application and prisoner authorization and did not pay the filing fees. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying fees. The court also directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.