Vasquez v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09656
- U.S. District Court · Southern District of New York
- 1
In Vasquez v. Otis Bantum Correctional Facility, Judge Swain dismissed the complaint without prejudice because Vasquez neither paid fees nor submitted required forms.
Jose R. Vasquez's complaint was dismissed without prejudice for failing to submit the required fee-waiver materials or pay the filing fees. The court also denied fee-free status for an appeal.
What happened
In Vasquez v. Otis Bantum Correctional Facility, the court had ordered Jose R. Vasquez to submit an application to proceed without paying filing fees, along with a required prisoner authorization, or pay the $405 filing fees within 30 days.
Vasquez did not submit the application and authorization or pay the fees. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. It also said any appeal would not be taken in good faith and denied fee-free status for an appeal.
Judge Laura Taylor Swain ordered the dismissal and directed the Clerk of Court to enter judgment.
The detailed version
- Vasquez v. Otis Bantum Correctional Facility · No. 1:24-cv-09656
- Laura Swain
- Feb. 20, 2025
Background
By an order dated December 20, 2024, the court directed Jose R. Vasquez to do one of two things within 30 days: submit a completed application to proceed without paying the filing fee, together with a prisoner authorization, or pay the $405 in fees required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Ruling
The court found that Vasquez 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 an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. It 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.