Pacheco v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09634
- U.S. District Court · Southern District of New York
- 1
In Pacheco v. Otis Bantum Correctional Facility, Judge Swain dismissed the complaint without prejudice after Luis Pacheco neither paid fees nor submitted required forms.
Luis Pacheco's complaint was dismissed without prejudice because he did not submit the required fee-waiver materials or pay the filing fees. The opinion does not state any separate effect on the defendants.
What happened
In Pacheco v. Otis Bantum Correctional Facility, the court had ordered Luis Pacheco to submit an application to proceed without paying filing fees and a required prisoner authorization, or pay $405 in filing fees.
Pacheco did not submit the forms or pay the fees within the required thirty days. The court had warned that failing to comply would result in dismissal.
Judge Laura Taylor Swain dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied fee-waiver status for any appeal and directed the Clerk of Court to enter judgment.
The detailed version
- Pacheco v. Otis Bantum Correctional Facility · No. 1:24-cv-09634
- Laura Swain
- Mar. 18, 2025
Background
The court had previously ordered Luis Pacheco to submit a completed application to proceed without paying filing fees, along with a prisoner authorization, within thirty days. Alternatively, he could pay the $405 in fees required to file a civil action. The earlier order warned that failure to comply would result in dismissal of the complaint.
Court's ruling
The court found that Pacheco had not submitted the application or 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 that any appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. 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.