Alfonso v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09640
- U.S. District Court · Southern District of New York
- 1
Jensi Alfonso v. The City of New York: Chief Judge Swain dismissed the complaint after Alfonso failed to file the required amended complaint.
Jensi Alfonso's complaint was dismissed, and fee-waiver status was denied for any appeal; the opinion does not identify the underlying claims.
What happened
In Jensi Alfonso v. The City of New York, the court had previously ordered Alfonso to file an amended complaint within 60 days and warned that failing to do so would result in dismissal.
Alfonso did not file an amended complaint. The opinion states that the original complaint had been filed without payment of the filing fee and was dismissed under the federal statute governing such cases.
Chief Judge Laura Taylor Swain also denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Alfonso v. Otis Bantum Correctional Facility · No. 1:24-cv-09640
- Laura Swain
- May 14, 2025
Background
The court had ordered Jensi Alfonso on February 5, 2025, to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. Alfonso did not file an amended complaint.
Ruling
Chief United States District Judge Laura Taylor Swain dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed without payment of the filing fee under 28 U.S.C. § 1915(a)(1). The opinion does not discuss the underlying claims or decide their merits.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and therefore denied Alfonso the ability to proceed without paying the filing fee for an appeal. The court also directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.