Latouche v. Bodge
- Philip Halpern
- 7:25-cv-01856
- U.S. District Court · Southern District of New York
- 2
In Latouche v. Bodge, Judge Swain kept the closed case closed and directed the amended complaint and forms to be filed as a new action.
Valery Latouche, whose original action remains closed but whose amended complaint and filing-related forms were directed to be filed in a new action; Lieutenant Brian J. Bodge and Elaine Velez, the defendants in the underlying claims.
What happened
In Latouche v. Bodge, Valery Latouche filed a complaint against Lieutenant Brian J. Bodge and Elaine Velez. The court dismissed the action without prejudice after Latouche did not submit required forms or pay the filing fee.
After the dismissal, Latouche submitted an amended complaint, an application to proceed without paying the filing fee, and a prisoner authorization form in the closed case. The court said he had not shown a basis for reopening that case, but directed the Clerk to file those materials in a new action.
Judge Laura Taylor Swain ruled that the original case remains closed and denied fee-free status for any appeal because the appeal would not be taken in good faith.
The detailed version
- Latouche v. Bodge · No. 7:25-cv-01856
- Philip Halpern
- Mar. 3, 2025
Background
Valery Latouche asserted claims against Lieutenant Brian J. Bodge and Elaine Velez. The court received the complaint on August 8, 2024, after Latouche gave it to prison officials for mailing. Latouche did not submit an application to proceed without paying the filing fee or a required prisoner authorization form. The court directed him to submit those materials or prepay the filing fees, but received neither. Judgment dismissing the action without prejudice was entered on October 3, 2024.
In January 2025, Latouche submitted an amended complaint, an application to proceed without paying the filing fee, and a prisoner authorization form in the closed action. The opinion also notes that, in a prior related proceeding, Latouche's claims against Bodge and Velez had been dismissed without prejudice after he conceded that he had filed before fully exhausting his administrative remedies.
Court's Ruling
The court held that the action was closed and that Latouche had not shown a basis for reopening it to file an amended complaint. Because the earlier dismissal was without prejudice to refiling, the court stated that nothing prevented Latouche from bringing a new action. As a courtesy, it directed the Clerk of Court to open a new action and file the amended complaint, filing-fee application, and prisoner authorization form there. The court certified that any appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal.
Effect of the Order
The original action remains closed. The order directed that Latouche's submitted materials be used to start a new action; it did not decide the underlying claims against Bodge or Velez.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.