Castri v. Otis Bantum Correctional Center
- Laura Swain
- 1:24-cv-09625
- U.S. District Court · Southern District of New York
- 1
In Castri v. Otis Bantum Correctional Facility, Judge Swain dismissed the complaint without prejudice because Castri neither paid filing fees nor submitted required forms.
Jose Castri's complaint was dismissed without prejudice because he did not pay the filing fees or submit the required fee-waiver and prisoner-authorization documents. The court also denied fee-waiver status for an appeal.
What happened
In Jose Castri v. Otis Bantum Correctional Facility, the court required Castri to either pay the fees for filing a civil case or request permission to proceed without paying them.
The court had given Castri 30 days to submit a fee-waiver application and prisoner authorization or pay the required $405. Castri did none of these things.
Judge Laura Taylor Swain dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. She also denied fee-waiver status for any appeal and directed the Clerk of Court to enter judgment.
The detailed version
- Castri v. Otis Bantum Correctional Center · No. 1:24-cv-09625
- Laura Swain
- Mar. 14, 2025
Background
By an order dated December 19, 2024, the court directed Jose Castri to submit, within 30 days, an application to proceed without paying filing fees and a prisoner authorization, or to pay the $405 in fees required to file a civil action. The earlier order warned that failing to comply would result in dismissal of the complaint.
Court’s ruling
Castri did not submit the required application and prisoner authorization and did not pay the filing fees. The court 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. Judge Laura Taylor Swain 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.