Rivera v. Otis Bantum Correctional Center
- Laura Swain
- 1:24-cv-09612
- U.S. District Court · Southern District of New York
- 1
Rivera v. Otis Bantum Correctional Facility was dismissed without prejudice because Rivera neither paid filing fees nor submitted required forms, Judge Swain ruled.
Joshua Rivera's complaint was dismissed without prejudice for failing to submit the required filing-fee materials or pay the filing fees. The order also denied him permission to proceed without paying fees on appeal.
What happened
In Rivera v. Otis Bantum Correctional Facility, the court had ordered Joshua Rivera to submit a completed request to proceed without paying filing fees or pay the required $405 filing fee within 30 days.
Rivera did not submit the required request and prisoner authorization, and he did not pay the filing fees. The court therefore dismissed the complaint without prejudice.
Judge Laura Taylor Swain also denied Rivera permission to proceed without paying fees on appeal, finding that an appeal would not be taken in good faith. The court directed the clerk to enter judgment.
The detailed version
- Rivera v. Otis Bantum Correctional Center · No. 1:24-cv-09612
- Laura Swain
- Mar. 14, 2025
Background
On December 18, 2024, the court ordered Joshua Rivera to submit a completed application to proceed without paying filing fees, along with prisoner authorization, or to pay the $405 required to file a civil action. The order warned that failure to comply within 30 days would result in dismissal.
What the Court Did
Rivera did not submit the application or prisoner authorization and did not pay the filing fees. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. Because the dismissal was without prejudice, the order did not bar refiling, although the opinion does not describe any additional requirements for doing so.
The court also certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. It directed the clerk to enter judgment. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.