Hafner v. Federal Bureau of Prisons
- Nelson Roman
- 7:24-cv-08087
- U.S. District Court · Southern District of New York
- 2
In Hafner v. Federal Bureau of Prisons, Judge Roman dismissed the complaint without prejudice because Hafner neither paid the filing fee nor requested permission to proceed without paying it.
Eric Hafner’s complaint was dismissed without prejudice because he did not pay the filing fee or submit an application to proceed without paying it.
What happened
In Hafner v. Federal Bureau of Prisons, the court had ordered Eric Hafner to submit a completed request to proceed without paying court fees or pay the $405 filing fee within 30 days. The order warned that failing to do so would lead to dismissal.
Hafner did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not permanently bar refiling. The court also said any appeal would not be taken in good faith and denied permission to appeal without paying fees.
Judge Nelson S. Roman directed the Clerk of Court to enter judgment and send the order to Hafner, whom the opinion identifies as representing himself. The order does not address the underlying claims.
The detailed version
- Hafner v. Federal Bureau of Prisons · No. 7:24-cv-08087
- Nelson Roman
- July 30, 2025
Background
Eric Hafner sued the Federal Bureau of Prisons, the warden of FCI Otisville, and the U.S. Attorney General. The opinion does not describe the substance of his claims.
On November 18, 2024, the court ordered Hafner to submit a completed application to proceed without paying the filing fee, commonly called an application to proceed in forma pauperis, or to pay the $405 required filing fee within 30 days. The order stated that failing to comply would result in dismissal.
Court’s Ruling
Hafner did not submit the application or pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not state additional conditions for refiling.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying fees. Judge Nelson S. Roman also directed the Clerk of Court to enter judgment, send the order to Hafner at his address listed in the court’s electronic filing system, and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.