Elmilligy v. Bachman
- Laura Swain
- 1:25-cv-06012
- U.S. District Court · Southern District of New York
- 1
In Mahmoud Elmilligy v. Jeremy Bachman, Judge Swain dismissed the complaint without prejudice after Elmilligy neither paid filing fees nor submitted the required application.
The dismissal ended Mahmoud Elmilligy’s complaint against Jeremy Bachman without prejudice. The court also denied Elmilligy permission to appeal without paying fees.
What happened
In Mahmoud Elmilligy v. Jeremy Bachman, the court had ordered Elmilligy to submit a completed application to proceed without paying filing fees or to pay the $405 required filing fee. The deadline was thirty days.
Elmilligy did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain ruled that any appeal would not be taken in good faith and denied Elmilligy permission to appeal without paying fees.
The detailed version
- Elmilligy v. Bachman · No. 1:25-cv-06012
- Laura Swain
- Sept. 12, 2025
Background
By an order dated July 25, 2025, the court directed Plaintiff Mahmoud Elmilligy, within thirty days, to submit a completed amended application to proceed without paying filing fees or to pay the $405 filing fee required for a civil action in the court. The order warned that failing to comply would result in dismissal of the complaint.
Court’s Ruling
Elmilligy did not submit an amended application or pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to enter judgment.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying fees. The opinion does not address the merits of the complaint.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.