Lovett v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09643
- U.S. District Court · Southern District of New York
- 1
In Lovett v. Otis Bantum Correctional Facility, Judge Swain dismissed the complaint without prejudice after Lovett failed to pay fees or submit required forms.
Emmanuel Lovett’s complaint was dismissed without prejudice because he did not submit the required fee-waiver and prisoner-authorization forms or pay the filing fees. The order also denied permission to appeal without paying fees.
What happened
In Lovett v. Otis Bantum Correctional Facility, the court had ordered Emmanuel Lovett to submit an application to proceed without paying the filing fee or pay the required $405 in fees. The order also required a prisoner authorization form.
Lovett did not submit the required forms or pay the fees by the deadline. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain directed the clerk to enter judgment and denied Lovett permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Lovett v. Otis Bantum Correctional Facility · No. 1:24-cv-09643
- Laura Swain
- Mar. 17, 2025
Background
On December 19, 2024, the court ordered Emmanuel Lovett, within 30 days, to either submit a completed application to proceed without paying the filing fee or pay the $405 in fees required to file a civil action. The court also required a prisoner authorization form and warned that failing to comply would result in dismissal.
Court’s Analysis
Lovett did not submit the application or prisoner authorization and did not pay the filing fees. The order dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion did not address the underlying claims.
Disposition
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.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.