Toro v. Otis Bantum Correctional Center
- Laura Swain
- 1:24-cv-09660
- U.S. District Court · Southern District of New York
- 1
In Toro v. Otis Bantum Correctional Facility, Judge Swain dismissed the complaint without prejudice after Amaury Toro neither paid filing fees nor submitted required forms.
Amaury Toro’s complaint was dismissed without prejudice because he did not submit the required filing-fee documents or pay the filing fees. Permission to appeal without paying fees was also denied.
What happened
In Toro v. Otis Bantum Correctional Facility, the court had ordered Amaury Toro to submit an application to proceed without paying filing fees and a prisoner authorization, or pay the required $405 in filing fees.
Toro did not submit the required documents or pay the fees within the time allowed. 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 after certifying that an appeal would not be taken in good faith. She directed the Clerk of Court to enter judgment.
The detailed version
- Toro v. Otis Bantum Correctional Center · No. 1:24-cv-09660
- Laura Swain
- Feb. 19, 2025
Background
By an order dated December 20, 2024, the court directed Amaury Toro, within 30 days, to either submit a completed application to proceed without paying filing fees and a prisoner authorization or pay the $405 filing fee required to file a civil action. The order warned that failing to comply would result in dismissal.
Court’s Ruling
The court found that Toro had not submitted the application or prisoner authorization and had not paid the filing fees. It 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 from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for an appeal and directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.