Abdullah v. Otis Bantum Correctional Center
- Laura Swain
- 1:24-cv-09669
- U.S. District Court · Southern District of New York
- 1
Abdullah v. Otis Bantum Correctional Center was dismissed without prejudice for failure to pay fees or submit required forms, Judge Swain ruled.
Khalif Abdullah's complaint was dismissed without prejudice because he did not submit the required forms or pay the filing fees. The court also denied permission to appeal without paying fees.
What happened
In Abdullah v. Otis Bantum Correctional Center, the court had ordered Khalif Abdullah to submit forms requesting permission to proceed without paying the filing fees and authorizing deductions from a prisoner account, or to pay the required $405 in fees.
Abdullah did not submit the forms or pay the fees 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 ruled that any appeal would not be taken in good faith and denied permission to appeal without paying fees. She directed the clerk to enter judgment.
The detailed version
- Abdullah v. Otis Bantum Correctional Center · No. 1:24-cv-09669
- Laura Swain
- Feb. 4, 2025
Background
The court had previously ordered Khalif Abdullah to do one of two things within thirty days: submit a completed application to proceed without paying the filing fee and a prisoner authorization, or pay the $405 in fees required to file a civil action. The prior order warned that failing to comply would result in dismissal.
Ruling
The court found that Abdullah had done neither. It dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the underlying claims against Otis Bantum Correctional Center or the other defendants.
The court 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. It directed the clerk to enter judgment. The opinion is dated February 3, 2025; the supplied case metadata lists a filing date of February 4, 2025.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.