Malhotra v. MILA GROUP, LLC
- Laura Swain
- 1:25-cv-05065
- U.S. District Court · Southern District of New York
- 1
In Malhotra v. MILA GROUP, LLC, Judge Swain dismissed the complaint without prejudice after Malhotra neither sought a fee waiver nor paid filing fees.
Gaurav Malhotra’s complaint was dismissed without prejudice because he neither submitted the required application to proceed without paying filing fees nor paid the $405.00 filing fee. The opinion does not address the claims against MILA GROUP, LLC or JOHN DOE 15.
What happened
In Malhotra v. MILA GROUP, LLC, the court required Gaurav Malhotra to either request permission to proceed without paying filing fees or pay the fees for his civil case.
The court had given Malhotra 30 days to submit the request or pay the required $405.00. He did neither.
Judge Swain dismissed the complaint without prejudice and directed the clerk to enter judgment. She also denied permission to proceed without paying fees for an appeal, after certifying that an appeal would not be taken in good faith.
The detailed version
- Malhotra v. MILA GROUP, LLC · No. 1:25-cv-05065
- Laura Swain
- July 23, 2025
Background
By an order dated June 17, 2025, the court directed Gaurav Malhotra to submit a completed application to proceed without paying filing fees, or to pay the $405.00 required to file a civil action. The order stated that failing to comply would result in dismissal of the complaint.
Malhotra did not submit the application or pay the filing fees.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar refiling, although the opinion does not specify any further filing requirements.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The court directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.