Richards v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09644
- U.S. District Court · Southern District of New York
- 1
In Richards v. Otis Bantum Correctional Facility, Judge Swain dismissed the complaint without prejudice after Richards failed to pay fees or submit required forms.
Roy Richards's complaint against Otis Bantum Correctional Facility and the other named defendants was dismissed without prejudice because he did not submit the required fee-waiver materials or pay the filing fees.
What happened
In Richards v. Otis Bantum Correctional Facility, the court had ordered Roy Richards to submit an application to proceed without paying filing fees or pay the required $405 in fees. The order also required a prisoner authorization form.
Richards did not submit the required forms or pay the fees. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also denied Richards permission to appeal without paying fees, finding that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Richards v. Otis Bantum Correctional Facility · No. 1:24-cv-09644
- Laura Swain
- Mar. 17, 2025
Background
On December 19, 2024, the court ordered Roy Richards to do one of two things within 30 days: submit a completed application to proceed without paying filing fees, along with a required prisoner authorization form, or pay the $405 in filing fees required to bring a civil action in the court. The order warned that failing to comply would lead to dismissal.
Ruling
Richards did not submit the application or prisoner authorization and did not pay the filing fees. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The dismissal was based on failure to comply with the filing-fee requirements; the opinion does not address the underlying claims.
Appeal and Judgment
Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied permission to appeal without paying fees. The court 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.