Acosta v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09635
- U.S. District Court · Southern District of New York
- 1
In Acosta v. Otis Bantum Correctional Facility, Judge Swain dismissed the action and denied fee-waiver status for any appeal.
Jerson Acosta, the plaintiff, and the listed defendants were affected by dismissal of the action. Acosta was also denied permission to appeal without paying the filing fees.
What happened
In Acosta v. Otis Bantum Correctional Facility, the court entered judgment dismissing Jerson Acosta’s action against Otis Bantum Correctional Facility and the other listed defendants.
The judgment says the dismissal was for the reasons given in the court’s March 17, 2025, order. That earlier order is not included here, so the basis for dismissal cannot be summarized from this judgment alone.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Acosta permission to proceed without paying the appeal filing fees. The court entered judgment on March 19, 2025.
The detailed version
- Acosta v. Otis Bantum Correctional Facility · No. 1:24-cv-09635
- Laura Swain
- Mar. 19, 2025
Ruling
The court entered a civil judgment dismissing the action. It stated that the reasons for dismissal were set out in an order dated March 17, 2025. That order is not part of the provided opinion text, so this judgment does not identify the claims, the legal basis for dismissal, or whether the court reached the merits.
Appeal-Filing Status
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the judgment would not be taken in good faith. It therefore denied Jerson Acosta permission to appeal without paying the required filing fees. The court cited a Supreme Court decision explaining that good faith exists when an appellant seeks review of a nonfrivolous issue.
Disposition
The action was dismissed. The court also denied fee-waiver status for purposes of an appeal. The judgment was signed by Chief United States District Judge Laura Taylor Swain in the Southern District of New York.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.