Elmilligy v. Bachman
- Laura Swain
- 1:25-cv-06012
- U.S. District Court · Southern District of New York
- 2
In Elmilligy v. Bachman, Judge Swain ordered payment or an amended fee-waiver application and denied fee-free appeal status.
Mahmoud Elmilligy, who must either pay the $405 in fees or submit an amended IFP application within 30 days to avoid dismissal of the action; Jeremy Bachman is the named defendant, but the order does not address the underlying claims.
What happened
In Elmilligy v. Bachman, Mahmoud Elmilligy brought the case without a lawyer and submitted an application asking to proceed without paying filing fees. The application did not provide financial information or facts showing that he could not pay.
The court ordered Elmilligy, within 30 days, either to pay $405 in filing and administrative fees or submit a signed, amended application answering the required questions and explaining why he could not pay. The court also said no summons would issue yet and instructed him to use a specific form if he wanted permission to file documents electronically.
Judge Laura Taylor Swain stated that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying appeal fees. If Elmilligy does not comply with the order on time, the action will be dismissed.
The detailed version
- Elmilligy v. Bachman · No. 1:25-cv-06012
- Laura Swain
- July 25, 2025
Background
Mahmoud Elmilligy filed this action without a lawyer. To proceed with a civil case in the district court, a plaintiff must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit a signed application to proceed in forma pauperis (IFP), meaning without prepaying the fees.
Elmilligy submitted an IFP application requesting a waiver of the fees because of indigency and ongoing harm. The court found that the application did not provide information about his financial situation or facts showing that he could not pay the fees.
Order
The court ordered Elmilligy, within 30 days of the order, either to pay the $405 in fees or submit an amended IFP application. The amended application must answer all applicable questions and provide facts establishing that he cannot pay the filing fees. If the court grants the amended application, Elmilligy may proceed without prepaying the fees.
The court directed that no summons issue at this time. If Elmilligy complies with the order, the case will be processed under the Clerk’s Office procedures; if he does not comply within the time allowed, the action will be dismissed. The opinion does not decide the underlying claims against Jeremy Bachman.
Elmilligy also filed a document titled “ADA Notice and Request for Accommodation,” including a request related to electronic filing. The court stated that, if he seeks permission to file documents through the court’s electronic filing system, he must complete and submit the attached Motion for Permission for Electronic Case Filing form.
Appeal
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. The court therefore denied IFP status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.