Gage v. FCI Otisville Federal Correctional Institution
- Kenneth Karas
- 7:22-cv-07810
- U.S. District Court · Southern District of New York
- 1
In Gage v. FCI Otisville, Judge Swain dismissed the complaint without prejudice because Gage neither submitted authorization nor paid the required fees.
Anwar L. Gage’s complaint was dismissed without prejudice because he did not submit the required prisoner authorization or pay the filing fees.
What happened
In Gage v. FCI Otisville Federal Correctional Institution, the court had ordered Anwar L. Gage to submit a completed prisoner authorization or pay the filing fees within 30 days.
Gage did neither. The order had warned that failing to comply would lead to dismissal.
The court dismissed the complaint without prejudice, ended all pending motions, and entered judgment. It also denied fee-waiver status for an appeal after certifying that an appeal would not be taken in good faith. Chief Judge Laura Taylor Swain signed the order.
The detailed version
- Gage v. FCI Otisville Federal Correctional Institution · No. 7:22-cv-07810
- Kenneth Karas
- Nov. 15, 2022
Background
On September 14, 2022, the court ordered Anwar L. Gage to submit a completed prisoner authorization or pay the $402 filing fee within 30 days. The order stated that failure to comply would result in dismissal of the complaint.
Court’s Ruling
Because Gage did not submit the authorization or pay the required fees, the court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. A dismissal without prejudice does not bar refiling, although the opinion does not describe any refiling requirements. The Clerk of Court was directed to terminate all pending motions and enter judgment.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.