Mott v. Torres
- Laura Swain
- 1:25-cv-03182
- U.S. District Court · Southern District of New York
- 2
In Mott v. Torres, Judge Swain dismissed Mott’s duplicate lawsuit without prejudice because a substantially similar case was already pending.
Ricky Mott’s duplicate lawsuit was dismissed, while his substantially similar case under docket number 25-CV-3160 remained pending. The order also denied him permission to appeal without paying filing fees.
What happened
In Mott v. Torres, Ricky Mott, representing himself, brought claims arising from a recent bankruptcy appeal. He sued Judge Analisa Torres and other defendants.
Mott had recently filed a substantially similar complaint against the same defendants in another case, docket number 25-CV-3160. The court found that litigating this duplicate lawsuit would serve no useful purpose.
Judge Laura Taylor Swain dismissed the complaint without prejudice as duplicative of the pending case. She also ruled that an appeal would not be taken in good faith and denied Mott permission to appeal without paying the filing fees.
The detailed version
- Mott v. Torres · No. 1:25-cv-03182
- Laura Swain
- Apr. 17, 2025
Background
Ricky Mott, who was representing himself, filed claims arising from his recent bankruptcy appeal. The defendants included District Judge Analisa Torres. The opinion states that Mott had recently submitted a substantially similar complaint against the same defendants in a separate case, docket number 25-CV-3160, which was still pending.
The court also noted that Mott used insulting language concerning Judge Torres and counsel in this and the related case. The court warned him that such verbal attacks were inappropriate.
Ruling
The court dismissed this complaint without prejudice as duplicative of docket number 25-CV-3160. This means the dismissal did not bar Mott’s pending related case. The court directed the clerk to enter judgment.
The court further 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 Mott permission to appeal without paying the required filing fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.