Mattingly v. Cares Capital
- Laura Swain
- 1:25-cv-07745
- U.S. District Court · Southern District of New York
- 2
In Mattingly v. Cares Capital, Judge Swain ordered the pro se plaintiff to pay fees or submit an application to proceed without prepayment.
Charles D. Mattingly must either pay the required $405 in fees or submit a signed application to proceed without prepaying fees within 30 days. The action will be dismissed without prejudice if he does not comply, and no summons will issue at this time.
What happened
In Charles D. Mattingly v. Cares Capital; David Levy; Avi Cohen, Charles D. Mattingly filed a civil action without paying the required fees or submitting an application to proceed without prepayment. He is representing himself.
The court gave Mattingly 30 days from September 19, 2025, to pay $405 or submit a signed application to proceed without prepaying fees. The $405 consists of a $350 filing fee and a $55 administrative fee.
Judge Laura Taylor Swain ordered that no summons issue at this time and stated that the action will be dismissed without prejudice if Mattingly does not comply. The court also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Mattingly v. Cares Capital · No. 1:25-cv-07745
- Laura Swain
- Sept. 19, 2025
Background
Charles D. Mattingly brought this civil action without a lawyer. He submitted the complaint without paying the required fees and without submitting a signed application to proceed without prepaying fees, commonly called an application to proceed in forma pauperis.
Order
The court directed Mattingly, within 30 days of the order, to do one of two things: pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee, or submit the attached signed application to proceed without prepaying fees. The application had to identify docket number 25-CV-7745 (LTS). If the court grants the application, Mattingly may proceed without prepaying the fees.
No summons will issue at this time. The order states that the action will be dismissed without prejudice if Mattingly does not comply within the allowed period.
Appeal and Disposition
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied permission to appeal without prepaying fees. Judge Laura Taylor Swain signed the order on September 19, 2025.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.