Ortega v. Hodge
- Laura Swain
- 1:24-cv-00204
- U.S. District Court · Southern District of New York
- 1
In Ortega v. Hodge, Judge Swain dismissed the action without prejudice after Ortega failed to submit required fee paperwork or pay filing fees.
Christopher Ortega’s action against Hodge and the other named defendants was dismissed without prejudice because Ortega did not submit the required fee-related documents or pay the filing fees. The court also denied permission to proceed without paying fees on appeal.
What happened
In Ortega v. Hodge, the court had ordered Christopher Ortega to submit an application to proceed without paying filing fees, along with a required prisoner authorization, or to pay the $405 filing fee.
The court had warned that failing to comply within 30 days would result in dismissal. Ortega did not submit the required documents or pay the fee.
Judge Laura Taylor Swain dismissed the action without prejudice and directed the Clerk of Court to enter judgment. She also denied Ortega permission to proceed without paying fees on appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Ortega v. Hodge · No. 1:24-cv-00204
- Laura Swain
- Mar. 25, 2024
Background
On January 11, 2024, the court ordered Christopher Ortega to do one of two things within 30 days: submit a completed application to proceed without paying filing fees, together with a required prisoner authorization, or pay the $405 in fees required to file a civil action. The order warned that failing to comply would result in dismissal.
Court’s Ruling
Ortega did not submit the application and authorization or pay the required fees. The court therefore dismissed the action without prejudice. The court also directed the Clerk of Court to enter judgment dismissing the action.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for purposes of an appeal. The opinion does not address the merits of Ortega’s claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.