Mott v. Gallego-Manzano
- Laura Swain
- 1:25-cv-06599
- U.S. District Court · Southern District of New York
- 1
In Mott v. Gallego-Manzano, Judge Swain dismissed the complaint without prejudice because plaintiffs neither paid filing fees nor submitted an IFP application.
Ricky Mott and ABC Mining Co.'s complaint was dismissed without prejudice; Matias Gallego-Manzano was the named defendant. The plaintiffs were also denied permission to proceed without paying fees for an appeal.
What happened
Ricky Mott and ABC Mining Co. sued Matias Gallego-Manzano in Mott v. Gallego-Manzano. The court dismissed their complaint without prejudice after the required filing materials were not submitted.
The court had ordered the plaintiff to submit an application to proceed without paying filing fees or pay the $405 filing fee within 30 days. The plaintiff did neither.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice, denied permission to proceed without paying fees on appeal, and directed the Clerk of Court to enter judgment.
The detailed version
- Mott v. Gallego-Manzano · No. 1:25-cv-06599
- Laura Swain
- Oct. 1, 2025
Background
The court had previously directed the plaintiff, within 30 days, either to submit a completed application to proceed without paying filing fees or to pay the $405 required to file a civil action. The order warned that failing to comply would result in dismissal. The opinion states that no application was filed and no fee was paid.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar refiling, although the opinion does not discuss any other requirements for doing so. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. It directed the Clerk of Court to enter judgment.
Effect
The order ended the complaint at this stage because the filing-fee requirement or the alternative fee-waiver application was not completed. The opinion uses “Plaintiff” in the singular while the caption lists Ricky Mott and ABC Mining Co. as plaintiffs.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.