Rodriguez v. Otis Bantum Correctional Center
- Laura Swain
- 1:24-cv-09651
- U.S. District Court · Southern District of New York
- 1
In Rodriguez v. Otis Bantum Correctional Facility, Chief Judge Swain dismissed the complaint without prejudice after Rodriguez neither paid filing fees nor submitted required forms.
Alex Rodriguez’s complaint was dismissed without prejudice because he did not submit the required fee-waiver application and prisoner authorization or pay the filing fees. The order also denied fee-free status for an appeal.
What happened
In Rodriguez v. Otis Bantum Correctional Facility, the court had ordered Alex Rodriguez to submit an application to proceed without paying the filing fee, along with prisoner authorization, or pay the required $405 in fees within 30 days.
Rodriguez did not submit the required application and authorization or pay the fees. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar a later filing, and directed the Clerk of Court to enter judgment.
Chief United States District Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
The detailed version
- Rodriguez v. Otis Bantum Correctional Center · No. 1:24-cv-09651
- Laura Swain
- Feb. 25, 2025
Background
By an order dated December 20, 2024, the court directed Alex Rodriguez to submit, within 30 days, a completed application to proceed without paying the filing fee or to pay the $405 required to file a civil action. The order also required a prisoner authorization. It warned that failing to comply would result in dismissal of the complaint.
Court’s ruling
Rodriguez did not submit the application and prisoner authorization and did not pay the filing fees. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to enter judgment.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied status allowing an appeal without paying fees. This order addressed the filing requirements and did not decide the underlying claims.
Judge
Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.