Gigante v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09655
- U.S. District Court · Southern District of New York
- 1
In Gigante v. Otis Bantum Correctional Facility, Judge Swain dismissed the complaint without prejudice because Gigante neither paid fees nor filed required applications.
The dismissal affects Dorian Gigante’s complaint against Otis Bantum Correctional Facility and the other defendants. The complaint was dismissed without prejudice because Gigante did not complete the required filing-fee process or pay the filing fees.
What happened
Dorian Gigante sued Otis Bantum Correctional Facility and other defendants. The court had ordered Gigante to submit an application to proceed without paying filing fees, along with prisoner authorization, or to pay the required $405 in fees within 30 days.
Gigante did not submit the required applications or pay the fees. The opinion does not address the underlying claims against the defendants.
Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. She also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Gigante v. Otis Bantum Correctional Facility · No. 1:24-cv-09655
- Laura Swain
- Feb. 20, 2025
Background
Dorian Gigante brought a civil action against Otis Bantum Correctional Facility and other defendants. On December 20, 2024, the Court ordered Gigante to submit, within 30 days, a completed application to proceed without paying the filing fee, along with prisoner authorization, or to pay the $405 required to file a civil action.
Court’s ruling
Gigante did not file the application or prisoner 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 opinion did not decide the merits of Gigante’s claims.
The Court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The Court also 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.