Chauntique v. Otis Bantum Correctional Center
- Laura Swain
- 1:24-cv-09650
- U.S. District Court · Southern District of New York
- 1
Chauntique v. Otis Bantum Correctional Facility: Judge Swain dismissed the complaint without prejudice after Chauntique neither paid filing fees nor submitted required forms.
David Chauntique's complaint was dismissed without prejudice because he did not submit the required fee-waiver application and prisoner authorization or pay the $405 filing fee. The order also denied fee-free status for an appeal.
What happened
In David Chauntique v. Otis Bantum Correctional Facility, the court had ordered Chauntique to submit an application to proceed without paying filing fees and a prisoner authorization, or pay the required $405 in fees. The court warned that failing to do so would lead to dismissal.
Chauntique did not submit the required documents or pay the fees. The opinion does not describe the underlying claims.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice, meaning it was not permanently barred on this record. She also denied permission to appeal without paying fees and directed the Clerk of Court to enter judgment.
The detailed version
- Chauntique v. Otis Bantum Correctional Center · No. 1:24-cv-09650
- Laura Swain
- Feb. 25, 2025
Background
The court had previously ordered David Chauntique, within thirty days, either to submit a completed application to proceed without paying court fees and a prisoner authorization or to pay the $405 filing fee required for a civil action. The earlier order stated that failure to comply would result in dismissal of the complaint.
The opinion does not describe the claims against Otis Bantum Correctional Facility or the other defendants.
Ruling
The court found that Chauntique had not submitted the required application and prisoner authorization and had not paid the filing fees. It therefore 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 permission to appeal without paying fees. 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.