Garcia v. Otis Bantum Correctional Center
- Laura Swain
- 1:24-cv-09665
- U.S. District Court · Southern District of New York
- 1
In Garcia v. Otis Bantum Correctional Center, Judge Swain dismissed the complaint without prejudice after Garcia neither paid filing fees nor submitted required forms.
Jeffery Garcia's complaint was dismissed without prejudice because he did not submit the required filing forms or pay the $405 filing fee. His request to appeal without paying fees was also denied.
What happened
In Garcia v. Otis Bantum Correctional Center, Jeffery Garcia brought a civil case against Otis Bantum Correctional Center and others.
The court had ordered Garcia to submit forms requesting permission to proceed without paying the filing fee and authorizing deductions from his prisoner account, or to pay $405 in filing fees. Garcia did neither within the required thirty days.
Judge Laura Taylor Swain dismissed the complaint without prejudice, meaning it was not permanently barred on this basis. The court also denied permission to appeal without paying fees and directed the clerk to enter judgment.
The detailed version
- Garcia v. Otis Bantum Correctional Center · No. 1:24-cv-09665
- Laura Swain
- Feb. 7, 2025
Background
On December 20, 2024, the court ordered Jeffery Garcia to submit a completed application to proceed without paying the filing fee and a prisoner authorization, or to pay the $405 required to file a civil action. The order warned that failing to comply would result in dismissal.
Compliance and ruling
Garcia did not submit the required application and authorization and did not pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. It directed the clerk to enter judgment in the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.