Franklin v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09657
- U.S. District Court · Southern District of New York
- 1
Judge Swain dismissed Franklin v. Otis Bantum Correctional Facility without prejudice because Franklin neither paid filing fees nor submitted required forms.
Adrian Franklin’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 Franklin v. Otis Bantum Correctional Facility, the court had ordered Adrian Franklin to submit an application to proceed without paying filing fees, along with a required prisoner authorization, or pay the court’s $405 filing fee within 30 days.
Franklin did not submit the required documents or pay the fee. The opinion does not address the underlying claims in the complaint.
Judge Laura Taylor Swain dismissed the complaint without prejudice and denied Franklin permission to appeal without paying fees, finding that any appeal would not be taken in good faith. The clerk was directed to enter judgment.
The detailed version
- Franklin v. Otis Bantum Correctional Facility · No. 1:24-cv-09657
- Laura Swain
- Feb. 20, 2025
Background
Adrian Franklin filed a complaint against Otis Bantum Correctional Facility and other defendants. On December 20, 2024, the court directed Franklin, within 30 days, either to submit a completed application to proceed without paying filing fees, along with a prisoner authorization, or to pay the $405 in fees required to file a civil action.
Court’s ruling
Franklin did not submit 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 dismissal was based on the failure to comply with the filing-fee requirement; the opinion did not decide the underlying claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without paying fees. The court directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.