Rodriguez v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09623
- U.S. District Court · Southern District of New York
- 1
In Rodriguez v. Otis Bantum Correctional Facility, Judge Swain dismissed the complaint without prejudice after Rodriguez failed to pay fees or submit required forms.
Rodriguez's complaint was dismissed without prejudice because Rodriguez did not submit the required fee-waiver materials or pay the filing fees. The order also denied fee-waiver status for an appeal.
What happened
In Rodriguez v. Otis Bantum Correctional Facility, the court had ordered Rodriguez to submit an application to proceed without paying filing fees, a prisoner authorization, or the required filing fees within 30 days.
Rodriguez did not submit the application or prisoner authorization and did not pay the fees. The court therefore dismissed the complaint without prejudice, meaning it may be filed again.
Chief Judge Laura Taylor Swain also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith, and directed the clerk to enter judgment.
The detailed version
- Rodriguez v. Otis Bantum Correctional Facility · No. 1:24-cv-09623
- Laura Swain
- Mar. 14, 2025
Background
By an order dated December 18, 2024, the court directed Rodriguez to do one of two things within 30 days: submit a completed application to proceed without paying filing fees, along with a prisoner authorization, or pay the $405 required to file a civil action in the court. The order warned that failure to comply would result in dismissal.
Court’s Ruling
Rodriguez did not submit the application or prisoner authorization and did not pay the filing fees. The court dismissed the complaint without prejudice, meaning the dismissal did not bar a later filing. The court cited 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. The court directed the clerk to enter judgment. Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.