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 action and denied fee-free appeal status after finding any appeal would not be in good faith.
The dismissal affected Jose R. Vasquez’s action against Otis Bantum Correctional Facility and the other named defendants. The court’s denial of permission to appeal without prepaying filing fees affected Vasquez’s ability to pursue an appeal without paying those fees.
What happened
In Vasquez v. Otis Bantum Correctional Facility, the court entered judgment dismissing Jose R. Vasquez’s action against Otis Bantum Correctional Facility and other defendants. The judgment refers to reasons given in a February 20, 2025 order, but that order is not included here.
The court also certified that any appeal would not be taken in good faith. It therefore denied Vasquez permission to appeal without paying the required filing fees. The judgment does not state why the action was dismissed or identify the claims involved.
Chief United States District Judge Laura Taylor Swain signed the February 24, 2025 judgment. The action was dismissed, and the request to proceed without paying appeal fees was denied.
The detailed version
- Vasquez v. Otis Bantum Correctional Facility · No. 1:24-cv-09656
- Laura Swain
- Feb. 24, 2025
Disposition
The court entered a civil judgment dismissing the action. The judgment states that the dismissal was for the reasons given in the court’s February 20, 2025 order. That earlier order is not part of the provided opinion text, so the basis for dismissal and the claims addressed cannot be determined from this judgment alone.
Appeal-Fee Determination
Under 28 U.S.C. § 1915(a)(3), the court certified that an appeal from the judgment would not be taken in good faith. “In good faith” means that the appeal seeks review of a nonfrivolous issue. Based on that certification, the court denied permission to proceed without prepaying filing fees for an appeal.
Result
The action was dismissed. The court also denied permission to proceed without prepaying appeal fees. The judgment was signed by Chief United States District Judge Laura Taylor Swain on February 24, 2025.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.