Oytega v. Otis Bantum Correctional Center
- Laura Swain
- 1:24-cv-09616
- U.S. District Court · Southern District of New York
- 1
In Oytega v. Otis Bantum Correctional Facility, Judge Swain dismissed the complaint without prejudice after Oytega failed to pay fees or submit required forms.
The dismissal ended Kevin Oytega’s current case without prejudice because he did not pay the filing fees or submit the required forms. Permission to proceed without paying fees on appeal was also denied.
What happened
In Kevin Oytega v. Otis Bantum Correctional Facility, the court had ordered Oytega to submit an application to proceed without paying filing fees, along with prisoner authorization, or pay the required $405 in fees. The order warned that failing to do so would lead to dismissal.
Oytega did not submit the required application and authorization or pay the fees. The opinion does not describe the claims in the complaint.
Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. She also denied permission to proceed without paying fees on appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Oytega v. Otis Bantum Correctional Center · No. 1:24-cv-09616
- Laura Swain
- Mar. 14, 2025
Background
On December 18, 2024, the Court ordered Plaintiff Kevin Oytega to submit, within thirty days, a completed application to proceed without paying the filing fee and prisoner authorization, or to pay the $405 in fees required to file a civil action. The Court stated that failure to comply would result in dismissal of the complaint.
Court’s ruling
The Court found that Oytega had not submitted the application or prisoner authorization and had not paid the filing fees. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. A dismissal without prejudice does not bar refiling, although the opinion does not discuss any future filing requirements.
Judge Laura Taylor Swain also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for an appeal. 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.