Mott v. Torres
- Laura Swain
- 1:25-cv-03160
- U.S. District Court · Southern District of New York
- 1
In Mott v. Torres, Judge Swain dismissed Ricky Mott’s complaint without prejudice because he neither paid filing fees nor submitted an IFP application.
Ricky Mott, whose complaint was dismissed without prejudice; the court also denied permission to proceed without paying fees for an appeal.
What happened
In Mott v. Torres, the court had ordered Ricky Mott to submit an application to proceed without paying filing fees or pay the required $405 filing fee within thirty days.
Mott did neither. The court therefore dismissed his complaint without prejudice, meaning the dismissal did not bar refiling, and directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Mott permission to proceed without paying fees for an appeal.
The detailed version
- Mott v. Torres · No. 1:25-cv-03160
- Laura Swain
- July 30, 2025
Background
On April 23, 2025, the court directed Ricky Mott to submit a completed application to proceed without paying filing fees or to pay the $405 required fee for filing a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Court’s Ruling
Mott did not submit the application and did not pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without paying fees for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.