ABC Mining Co. and Staff v. Mott
- Laura Swain
- 1:25-cv-04064
- U.S. District Court · Southern District of New York
- 1
In ABC Mining Co. and Staff v. Hardy, Judge Swain dismissed the complaint without prejudice because Ricky Mott neither paid filing fees nor submitted an IFP request.
The dismissal affects the complaint filed by ABC Mining Co. and Staff and Ricky Mott. The complaint was dismissed without prejudice because the required filing fee was not paid and no completed fee-waiver application was submitted.
What happened
ABC Mining Co. and Staff v. Deeandra Hardy, et al. concerned a complaint filed by ABC Mining Co. and Staff and Ricky Mott in federal court.
The court had ordered Ricky Mott to submit a completed request to proceed without paying filing fees or to pay the $405 filing fee within 30 days. He did neither. The court also noted that only natural persons may use the fee-waiver process, so ABC Mining Co. would have to prepay the filing fee.
Judge Laura Taylor Swain dismissed the complaint without prejudice. She also ruled that any appeal would not be taken in good faith and denied fee-waiver status for an appeal.
The detailed version
- ABC Mining Co. and Staff v. Mott · No. 1:25-cv-04064
- Laura Swain
- June 23, 2025
Background
The plaintiffs are listed as ABC Mining Co. and Staff and Ricky Mott. The defendants are listed as Deeandra Hardy and others. The opinion does not describe the underlying claims.
On May 21, 2025, the court directed Ricky Mott to do one of two things within 30 days: submit a completed application to proceed without paying the filing fee, known as an application to proceed in forma pauperis, or pay the $405 fee required to file a civil action. The court warned that failure to comply would result in dismissal.
The opinion states that Mott did not submit the application or pay the fee. A footnote adds that only natural persons may proceed without paying the filing fee under 28 U.S.C. § 1915. Therefore, ABC Mining Co. would have to prepay the filing fee to proceed.
Ruling
Judge Laura Taylor Swain dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the underlying claims. “Without prejudice” means the dismissal itself does not bar a later filing, although the opinion does not address any other requirements for doing so.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied the plaintiffs fee-waiver status for purposes of an appeal. The court directed that judgment enter.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.