Lopez v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09642
- U.S. District Court · Southern District of New York
- 1
In Lopez v. Otis Bantum Correctional Facility, Judge Swain dismissed the action and denied permission to appeal without paying filing fees.
Alfred Lopez’s action was dismissed, and the court denied him permission to appeal without paying filing fees.
What happened
In Lopez v. Otis Bantum Correctional Facility, the court entered judgment dismissing Alfred Lopez’s action against Otis Bantum Correctional Facility and other defendants. The judgment gives no further explanation and refers to a March 17, 2025, order that is not included here.
The court also certified that any appeal would not be taken in good faith. It therefore denied Lopez permission to appeal without paying filing fees.
Chief Judge Laura Taylor Swain signed the judgment on March 19, 2025. The opinion text provided does not state why the action was dismissed.
The detailed version
- Lopez v. Otis Bantum Correctional Facility · No. 1:24-cv-09642
- Laura Swain
- Mar. 19, 2025
Disposition
The court entered a civil judgment dismissing the action. The judgment states that the dismissal was for the reasons given in a March 17, 2025, order, but that order is not included in the provided text. The reason for dismissal and whether the court reached the merits therefore cannot be determined from this judgment alone.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the judgment would not be taken in good faith. Based on that certification, it denied permission to appeal without paying the required filing fees. The judgment cites Coppedge v. United States for the standard that an appeal is taken in good faith when the appellant seeks review of a nonfrivolous issue.
Chief United States District Judge Laura Taylor Swain signed the judgment on March 19, 2025.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.