Mobley v. Rodriguez
- Laura Swain
- 7:25-cv-06784
- U.S. District Court · Southern District of New York
- 4
In Mobley v. Rodriguez, Judge Swain ordered pro se plaintiff Gerod Mobley to pay $405 or apply to proceed without prepaying fees within 30 days.
Gerod Mobley, the self-represented plaintiff, must either pay the required fees or submit an application to proceed without prepaying fees within 30 days. The action may be dismissed if he does not comply.
What happened
In Mobley v. Rodriguez, Gerod Mobley filed an action without paying the required fees or submitting an application to proceed without prepaying fees. The order does not describe the claims or the defendants’ positions.
The court gave Mobley 30 days to either pay $405, consisting of a $350 filing fee and a $55 administrative fee, or submit a signed application to proceed without prepaying fees. No summons would issue at that time. If Mobley did not comply, the action would be dismissed.
Judge Laura Taylor Swain also ruled that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the merits of Mobley’s claims.
The detailed version
- Mobley v. Rodriguez · No. 7:25-cv-06784
- Laura Swain
- Aug. 26, 2025
Background
Gerod Mobley brought this action without a lawyer. He submitted the complaint without paying the required filing fees and without submitting an application to proceed without prepaying fees.
Order
The court ordered Mobley, within 30 days of the order, to do one of two things:
1. Pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee; or 2. Submit a signed application to proceed without prepaying fees.
The application had to identify docket number 25-CV-6784 (LTS). If the court granted the application, Mobley would be allowed to proceed without paying the fees in advance. The court stated that no summons would issue at that time. If Mobley failed to comply within the allowed period, the action would be dismissed.
Appeal and Scope of the Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith, and it denied permission to appeal without prepaying fees. Judge Laura Taylor Swain’s order addressed filing-fee and application requirements; it did not decide the merits of Mobley’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.