Lewis v. Otis Bantum Correctional Center
- Laura Swain
- 1:24-cv-09601
- U.S. District Court · Southern District of New York
- 1
Lewis v. Otis Bantum Correctional Facility: Judge Swain dismissed the complaint without prejudice because Lewis neither paid fees nor submitted required forms.
Terrell Lewis's complaint was dismissed without prejudice after he did not submit the required filing forms or pay the filing fees.
What happened
In Lewis v. Otis Bantum Correctional Facility, the court ordered Terrell Lewis to submit an application to proceed without paying filing fees, along with a required prisoner authorization, or pay the $405 filing fees. The court warned that failing to do so would lead to dismissal.
Lewis did not submit the application or authorization and did not pay the fees. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying appeal fees. She directed the Clerk of Court to enter judgment.
The detailed version
- Lewis v. Otis Bantum Correctional Center · No. 1:24-cv-09601
- Laura Swain
- Mar. 5, 2025
Background
The court had previously directed Terrell Lewis to submit a completed application to proceed without paying the filing fees, commonly called an application to proceed in forma pauperis, or IFP application. The court also required a prisoner authorization or payment of the $405 in fees required to file a civil action. The earlier order stated that failure to comply would result in dismissal.
Court’s ruling
Lewis did not file the IFP application and prisoner authorization and did not pay the required fees. The court therefore dismissed the complaint without prejudice. The opinion does not address the underlying claims.
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 IFP status for purposes of an appeal. The court 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.