Winters v. Otis Bantum Correctional Center
- Laura Swain
- 1:24-cv-09607
- U.S. District Court · Southern District of New York
- 1
In Winters v. Otis Bantum Correctional Facility, Judge Swain dismissed the complaint without prejudice because Winters neither paid filing fees nor submitted required forms.
Terrell Winters's complaint was dismissed without prejudice because he did not submit the required application and prisoner authorization or pay the filing fees. The opinion does not describe any effect on the defendants beyond entry of judgment.
What happened
In Terrell Winters v. Otis Bantum Correctional Facility, et al., the court had ordered Winters to submit an application to proceed without paying filing fees or pay the required fees.
Winters did not submit the application and prisoner authorization, and did not pay the fees by the deadline set by the court.
Judge Laura Taylor Swain dismissed the complaint without prejudice, directed the Clerk to enter judgment, and denied permission to appeal without paying fees because the appeal would not be taken in good faith.
The detailed version
- Winters v. Otis Bantum Correctional Center · No. 1:24-cv-09607
- Laura Swain
- Mar. 11, 2025
Background
The opinion concerns a complaint filed by Terrell Winters against Otis Bantum Correctional Facility, et al. The opinion does not describe the underlying claims.
By an order dated December 17, 2024, the Court directed Winters, within 30 days, either to submit a completed application to proceed without paying filing fees and a required prisoner authorization, or to pay the $405 filing fees required for a civil action. The order warned that failing to comply would result in dismissal.
Court’s Ruling
Winters did not submit the application and prisoner authorization and did not pay the filing fees. Judge Laura Taylor Swain therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The Clerk of Court was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.