Vasquez v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09641
- U.S. District Court · Southern District of New York
- 3
In Vasquez v. Otis Bantum Correctional Facility, Judge Swain granted more appeal time but denied Vasquez’s request to appeal without paying fees.
Josue Vasquez’s ability to pursue an appeal from the earlier judgment: he received additional time to file the notice of appeal but was denied permission to proceed without paying fees in the district court.
What happened
In Vasquez v. Otis Bantum Correctional Facility, Josue Vasquez, who represented himself, asked for more time to file an appeal and asked to appeal without paying filing fees. He said prison mail was delayed after authorities moved him between buildings.
The court received his extension request on May 12, 2025, and his notice of appeal on May 19, 2025. It found that he showed good cause for missing the original 30-day appeal deadline.
Judge Laura Taylor Swain granted the request for more time to appeal but denied Vasquez’s request to proceed without paying fees because the court had already ruled on that issue. The court said Vasquez could seek permission to proceed without paying fees after the case is transferred to the Court of Appeals.
The detailed version
- Vasquez v. Otis Bantum Correctional Facility · No. 1:24-cv-09641
- Laura Swain
- May 19, 2025
Background
Josue Vasquez filed the action without a lawyer. The court had dismissed the action after he did not prepay the $405 filing fees or submit an application to proceed without paying fees and the required prisoner authorization. The Clerk’s Office entered civil judgment on March 19, 2025.
Vasquez later moved for an extension of time to file a notice of appeal and separately moved to proceed without paying fees on appeal. He said his mail was delayed when prison authorities moved him from one building to another. The court received the extension motion on May 12, 2025, and received his notice of appeal and fee-waiver materials on May 19, 2025.
Appeal deadline
Federal Rule of Appellate Procedure 4 generally requires a notice of appeal within 30 days after entry of the judgment. A party may request an extension within the following 30 days, but must show excusable neglect or good cause. The court explained that the extension request was received within 60 days after the March 19 judgment and that Vasquez showed good cause for not filing his notice within the original 30-day period.
Ruling
Judge Laura Taylor Swain granted Vasquez’s motion for an extension of time to file a notice of appeal. The court denied his motion to proceed without paying fees on appeal because it had already ruled on his fee-waiver status. The court stated that Vasquez may seek permission to proceed without paying fees after the action is transferred to the Court of Appeals. It directed the Clerk of Court to terminate both motions.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, so fee-waiver status was denied for an appeal from this order. This order addressed appeal timing and fee-waiver status; it did not decide the merits of the underlying action.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.