Vasquez v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09641
- U.S. District Court · Southern District of New York
- 1
In Vasquez v. Otis Bantum Correctional Facility, Judge Swain dismissed the complaint without prejudice because Vasquez neither paid fees nor submitted required forms.
The dismissal affected Joshue Vasquez’s complaint; the court also denied permission to appeal without paying fees.
What happened
In Vasquez v. Otis Bantum Correctional Facility, the court had ordered Vasquez to submit an application to proceed without paying filing fees, along with a required prisoner authorization, or pay $405 in filing fees within 30 days.
Vasquez did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The opinion does not address the underlying claims.
Judge Laura Taylor Swain directed the clerk to enter judgment. She also ruled that an appeal would not be taken in good faith and denied permission to appeal without paying fees.
The detailed version
- Vasquez v. Otis Bantum Correctional Facility · No. 1:24-cv-09641
- Laura Swain
- Mar. 17, 2025
Background
On December 19, 2024, the court ordered Joshue Vasquez to either submit a completed application to proceed without paying filing fees, together with a prisoner authorization, or pay the $405 in fees required to file a civil action. The order gave Vasquez 30 days and stated that failing to comply would result in dismissal.
Court’s Ruling
The court found that Vasquez had not submitted the application or prisoner authorization and had not paid the filing fees. It dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the merits of Vasquez’s claims.
Appeal and Judgment
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying fees. Judge Laura Taylor Swain directed the clerk to enter judgment in the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.