Brown v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09630
- U.S. District Court · Southern District of New York
- 1
In Brown v. Otis Bantum Correctional Facility, Judge Swain dismissed the complaint without prejudice because Brown neither paid filing fees nor submitted required forms.
Rashawn Brown’s complaint against Otis Bantum Correctional Facility and the other named defendants was dismissed without prejudice because he did not submit the required filing forms or pay the filing fees. The ruling also denied him permission to appeal without paying appellate fees.
What happened
In Brown v. Otis Bantum Correctional Facility, the court had ordered Rashawn Brown to submit an application to proceed without paying filing fees and a prisoner authorization, or pay $405 to file the case.
Brown did not submit the required forms or pay the filing fees within the time allowed. The opinion does not address the underlying claims against Otis Bantum Correctional Facility or the other defendants.
Chief United States District Judge Laura Taylor Swain dismissed the complaint without prejudice, directed the clerk to enter judgment, and denied Brown permission to appeal without paying fees because the court certified that an appeal would not be taken in good faith.
The detailed version
- Brown v. Otis Bantum Correctional Facility · No. 1:24-cv-09630
- Laura Swain
- Mar. 17, 2025
Background
On December 17, 2024, the court directed Rashawn Brown to submit, within 30 days, a completed application to proceed without paying the filing fee and a prisoner authorization, or to pay the $405 required to file a civil action in the Southern District of New York. The court warned that failing to comply would result in dismissal.
Court’s Action
Brown did not submit the application or prisoner authorization and did not pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the underlying claims against Otis Bantum Correctional Facility or the other defendants.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to appeal without paying the appellate filing fees and directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.