Lee v. Otis Bantum Correctional Center
- Laura Swain
- 1:24-cv-09609
- U.S. District Court · Southern District of New York
- 1
In Lee v. Otis Bantum Correctional Facility, Judge Swain dismissed the action and denied appeal fee-waiver status.
Norberto Lee, whose action was dismissed and whose request to proceed without paying appeal filing fees was denied; the named defendants are also affected by the dismissal.
What happened
In Lee v. Otis Bantum Correctional Facility, the court entered a civil judgment dismissing Norberto Lee’s action. The judgment does not explain the reason for dismissal; it refers to a March 14, 2025, order that is not included here.
The court also stated that any appeal would not be taken in good faith and denied Lee permission to proceed without paying the court’s filing fees for an appeal.
Judge Laura Taylor Swain signed the judgment on March 18, 2025. The available opinion does not provide further details about the claims, the defendants’ positions, or the basis for dismissal.
The detailed version
- Lee v. Otis Bantum Correctional Center · No. 1:24-cv-09609
- Laura Swain
- Mar. 18, 2025
Ruling
The court entered a civil judgment dismissing the action. The judgment states that the reasons for dismissal were provided in a March 14, 2025, order, but that order is not included in the provided text. The available judgment therefore does not identify the claims or explain the legal basis for dismissal.
Appeal and Filing Fees
Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal from the judgment would not be taken in good faith. It therefore denied permission to proceed without paying the filing fees for an appeal. The judgment cites Coppedge v. United States for the principle that good faith exists when an appellant seeks review of a nonfrivolous issue.
Effect
The action was dismissed, and the appeal-related fee waiver was denied. The provided text does not state whether the dismissal was with or without prejudice, and it does not describe any further procedural steps.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.