ABC Mining Co. and Staff v. Mott
- Laura Swain
- 1:25-cv-04064
- U.S. District Court · Southern District of New York
- 2
In ABC Mining Co. and Staff v. Deeandra Hardy, Chief Judge Swain ordered Ricky Mott to pay $405 or submit an application to proceed without prepaying fees.
Ricky Mott, whom the court identifies as the plaintiff, must pay $405 or submit the required application within 30 days; failure to comply will result in dismissal of the action.
What happened
ABC Mining Co. and Staff v. Deeandra Hardy concerns a complaint that Ricky Mott submitted without paying the required fees or submitting an application to proceed without prepaying them. The order refers to Ricky Mott as the plaintiff proceeding without a lawyer.
Judge Swain explained that starting a civil case requires either $405 in fees or a signed application requesting permission to proceed without prepaying fees. The court also explained that only a natural person may request that fee waiver, and therefore treated Ricky Mott as the plaintiff for this purpose.
Chief Judge Swain ordered Ricky Mott, within 30 days, to pay $405 or submit the application. No summons will issue yet, and the action will be dismissed if he does not comply; the court also denied fee-waiver status for any appeal from this order.
The detailed version
- ABC Mining Co. and Staff v. Mott · No. 1:25-cv-04064
- Laura Swain
- May 21, 2025
Background
Ricky Mott submitted the complaint without paying the filing and administrative fees and without submitting an application to proceed without prepaying fees. The court states that the required total is $405: a $350 filing fee plus a $55 administrative fee. The order refers to Ricky Mott as the plaintiff and states that the action was brought without a lawyer.
Order
The court ordered Ricky Mott, within 30 days of the order, to do one of two things: pay the $405 in fees or submit the attached application to proceed without prepaying fees. Any application should identify docket number 25-CV-4064. If the court grants the application, Ricky Mott may proceed without paying the fees in advance.
No summons will issue at this time. If the required payment or application is submitted, the case will be processed under the Clerk’s Office procedures. If Ricky Mott does not comply within the 30-day period, the action will be dismissed.
Appeal and Effect
Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. This order addresses payment of fees or a fee-waiver application; it does not decide the underlying claims against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.