Williams v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09645
- U.S. District Court · Southern District of New York
- 1
In Williams v. Otis Bantum Correctional Facility, Judge Swain dismissed the complaint without prejudice because Williams neither paid fees nor submitted required forms.
The dismissal affects Williams's complaint against Otis Bantum Correctional Facility and the other named defendants. The opinion does not decide the underlying claims.
What happened
In Williams v. Otis Bantum Correctional Facility, the court had ordered Williams to submit an application to proceed without paying filing fees and a prisoner authorization, or pay the required $405 in fees.
Williams did not submit the required documents or pay the fees. The court’s earlier order warned that failing to do so would result in dismissal.
Judge Laura Taylor Swain dismissed the complaint without prejudice, directed the clerk to enter judgment, and denied fee-free status for any appeal because the court certified that an appeal would not be taken in good faith.
The detailed version
- Williams v. Otis Bantum Correctional Facility · No. 1:24-cv-09645
- Laura Swain
- Mar. 17, 2025
Background
The court had previously ordered Williams to submit a completed application to proceed without paying the filing fee, along with a prisoner authorization, within 30 days, or to pay the $405 required to file a civil action. The earlier order stated that failure to comply would result in dismissal of the complaint.
What the Court Did
Williams did not submit the application or prisoner authorization and did not pay the required fees. The court 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 describe any refiling requirements.
The court 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 Williams permission to proceed without paying appellate fees. It directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.