Sabala v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09648
- U.S. District Court · Southern District of New York
- 1
In Diego Sabala v. The City of New York, Judge Swain dismissed the complaint after Sabala missed the deadline to amend and denied fee-free status for an appeal.
Diego Sabala's complaint was dismissed after he did not file the required amended complaint. The court also denied him permission to proceed without paying the filing fee for an appeal, and directed entry of judgment.
What happened
In Diego Sabala v. The City of New York, the court had ordered Sabala to file an amended complaint within 60 days and warned that failing to do so would result in dismissal.
Sabala did not file an amended complaint. The court dismissed the complaint under the statute governing screening of cases filed without paying filing fees.
Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith, denied fee-free status for an appeal, and directed the clerk to enter judgment.
The detailed version
- Sabala v. Otis Bantum Correctional Facility · No. 1:24-cv-09648
- Laura Swain
- May 14, 2025
Background
The court previously ordered Diego Sabala to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. Sabala did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion states that the complaint had been filed without paying the filing fee under 28 U.S.C. § 1915(a)(1). The order does not explain the underlying claims or address their merits.
Appeal and Judgment
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied Sabala permission to proceed without paying the filing fee for an appeal. Chief Judge Laura Taylor Swain directed the clerk to enter judgment in the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.