Perez v. Otis Bantum Correctional Center
- Laura Swain
- 1:24-cv-09661
- U.S. District Court · Southern District of New York
- 1
In Perez v. Otis Bantum Correctional Facility, Judge Swain dismissed the complaint without prejudice because Perez neither paid filing fees nor submitted required forms.
Daniel Perez’s civil complaint was dismissed without prejudice for failure to pay the filing fees or submit the required forms. The order also denied permission to appeal without paying fees.
What happened
In Perez v. Otis Bantum Correctional Facility, the court had ordered Daniel Perez to either pay the required $405 filing fees or submit forms asking to proceed without paying them.
The order also required a prisoner authorization form and warned that failing to comply within 30 days would result in dismissal. Perez did not submit the required forms or pay the fees.
Judge Swain dismissed the complaint without prejudice, denied Perez permission to appeal without paying fees, and directed the Clerk of Court to enter judgment.
The detailed version
- Perez v. Otis Bantum Correctional Center · No. 1:24-cv-09661
- Laura Swain
- Feb. 19, 2025
Background
On December 20, 2024, the court ordered Daniel Perez to submit, within 30 days, a completed application to proceed without paying the filing fees, along with 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
The court found that Perez had not submitted the application or prisoner authorization and had not paid the filing fees. Judge Laura Taylor Swain therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. A dismissal without prejudice does not bar refiling, although the opinion does not discuss any future filing.
The court also certified 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 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.