Feliz v. Otis Bantum Correctional Center
- Laura Swain
- 1:24-cv-09618
- U.S. District Court · Southern District of New York
- 1
Feliz v. Otis Bantum Correctional Facility: Judge Swain dismissed the complaint without prejudice after Feliz neither paid filing fees nor submitted required forms.
Kevin Feliz’s complaint was dismissed without prejudice because he did not submit the required fee-waiver materials or pay the filing fees. The court also denied fee-free status for an appeal.
What happened
In Kevin Feliz v. Otis Bantum Correctional Facility, et al., the court had ordered Kevin Feliz to submit a request to proceed without paying filing fees or pay $405 in filing fees within thirty days. The order warned that failing to do so would result in dismissal.
Feliz did not submit the required request, the required prisoner authorization, or the filing fees. The opinion does not address the underlying allegations in his complaint.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. She also denied fee-free status for any appeal, stating that an appeal would not be taken in good faith.
The detailed version
- Feliz v. Otis Bantum Correctional Center · No. 1:24-cv-09618
- Laura Swain
- Mar. 14, 2025
Background
In an order dated December 18, 2024, the court directed Kevin Feliz to either submit a completed application to proceed without paying filing fees, called an in forma pauperis (IFP) application, along with prisoner authorization, or pay the $405 required to file a civil action. The court gave him thirty days and warned that failure to comply would result in dismissal.
Ruling
The court found that Feliz had not submitted an IFP application or prisoner authorization and had not paid the filing fees. It therefore dismissed the complaint without prejudice. The opinion does not decide the underlying claims.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied IFP status for purposes of an appeal. It also directed the Clerk of Court 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.